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05/08/2000 - 4707� OFFICIAL CITY COUNCII. AGENDA CITY COUNCIL MEETING MAY 8, 2000 • 'r a, . � � : � R �_ i s FRIDLEY CITY COIINCIL MEETING anroF Fwa�r ATTENDENCE SHEET Monday, May 8, 2000 ' 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER �'�� {ti'f�� %J'�7�I�� 7b df � .�/li�=1z.�T� �'iL / j G�� %�I�'�/ , � �,�� r� C l_-`� � e� 2 5 G� �� Gt�' ,' �/ c /`_� il:,� =�? 1 c ; -y-� �� <� -, --�-�1, G,� ryt � � `�� \ � C��— ,��; , `�'v� � C� <: � 1 C: �'`" �' � �'� � �"' ,� � � J� � - � ,, � � �'��1' �- � !�-�ciCi:_!-G;t, ('7�;1_ ��,��1C�r_'f?;?-rY lJr `L �' �=/-?�1�I�Y =,5�-(Z �,.,cc � -� j��i�� t��i.l�•::o,� � 1�_: i_�i.x.�� _ � i, � �. � �1 �: *�r'? � K�! r l ( L ( c r, -i^c.-r, -7f- l�. �c . �3"; c� l E ,_ ��3' , �� -- .�- r� a �-> �/ / , __ _ / j L-, _ _ J� l < ''n �l, v ` ,1., � � L� ) � -, t ; ..J �"� ` itit-� � �� l �� . , ✓ � ,. r �.� ' � ` _ - `,�'` �;^ r - � ,.-/'� i,��`' �% �� -'" �- ./'„j-t-��"��"" , ��.%— � <.� > , � � �� / ~j/ ��:A' l./�' �� l /(�� L' / !' / �/ C� �/ � ) � �,%� f � ��! ,J f �•� � � ��I t I�` ' �� '/ f 7 / � � � �<t r' � ,� `'� � Ci «G�'E"'�,�t � U C - � ( � f � �r `� - _. \,. � /, � _ .� / _! � / i / � \�// ^'�f .. � } / / •✓ �" � !'� ' I / /�� ' < �Y�,�_ C � (^ ��. �� v�'� � v �' � ; , ; r , _ � � 3� 4: , ,� r � . . . i / 1 J �: �� / ..' � • �' � ,J ^ ? ^ : r _- � , ' - >w- ��,� --� �v`3.:�� ;5'� ��I'�l i i� � I�L.� , <, �- �� t ��; �,�� t . � ��3 `� �� t� I�. �,, / � \ v , 7� .`� ��?C�:'�s;:�� '':�� -�� r ti��. '� /%°�%�� `��"�^� 5� � s�� C��-�� S� �,� . �� , � _ , �- ,�.. - _ . . ,., �� ,�� Y��l�� -/� l � � y' c� c_c��ri / , ��, --- -, �� '��✓w>� .,� " �-'�' ;,, � � `� `j �`� 2� rsr! y�_� , � . <--:_: �: -��; �- ,�%' � � , � . � � �.� < � r;�E� ��4�� G;�'��'�- 1�� ;l%,��%� �`:.�r. �y�G- �� 1 y �� 5 -,� - S � �� :a �?�"?r ,' h I — � > �� V'= �✓'''� . ,�;r'?f�� .� f�' �,��_ � Y l .� � � CITY COUNCIL MEETING �F MAY 8, 2000 QTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should conta.ct Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Police Week: May 14 - 20, 2000 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of April 19, 2000 .............................................................. 1- 18 2. Appoint Planning Commission and HRA Members to Joint Task Force befinreen the Cities of Fridley and Columbia Heights .................................................................. 19 - 20 FRIDLEY CITY COUNCIL MEETING OF MAY 8. 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve Construction Agreement between the City of Fridley and the City of New Brighton for the Reconstruction of Stinson Boulevard by the City of New Brighton .......................................................... 21 - 24 4. Resolution Authorizing Agreement with the State of Minnesota for Furnishing Chemical Assessment Team Services for State FY 2001 ................................................. 25 - 26 5. Resolution in Support of an Ap�lication for a Minnesota Lawful Gambling Premise Permit for the Church of the Immaculate Conception (Knights of Columbus, 6831 Highway 65 N.E.) (Ward 2) ................................ 27 — 28 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Knights of Columbus, 6831 Highway 65 N.E. (Ward 2) ....................................................................................... 29 - 30 7. Establish a Public Hearing for May 22, 2000, on Proposed Ordinance Amendments to Chapter 2 of the City Charter ............................................................................ 31 - 32 FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2000 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Establish a Public Hearing for May 22, 2000, on Proposed Ordinance Amendments to Chapter 5 ofthe City Charter ........................................................................ 33 - 34 9. Claims ....................................................................................... 35 10. Licenses ....................................................................................... 36 - 44 11. Estimates ...................................................................................... 45 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: 0 (Consideration of Items not on Agenda —15 Minutes) PAGE 3 FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2000 PAGE 4 PUBLIC HEARING/OLD BUSINESS: 12. Continuation of Public Hearing on Special Use Permit, SP #76-08, to Norma Wilson, Allowing an Apartment to Exist �thin a Single Family Residence In a R-1, Single Family Residential District, Generally Located at 401 Ironton Street N.E. (Ward 3) (Continued April 10, 2000); and, Motion to Revoke Special Use Permit, SP #76-08, to Norma Wlson, Allowing an Apartment to Exist Wthin a Single Family Residential District, Generally Located at 401 Ironton Street N.E. (Ward 3) (Tabled April10, 2000) ............................................................................. 46 - 49 PUBLIC HEARINGS: 13. Draft of the City of Fridley's Comprehensive Plan _ ....................................................................................... 50 52 14. Request by K.J.'s Restaurant for an Intoxicating LiquorLicense .............................................................................. 53 - 55 FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2000 PAGE 5 OLD BUSINESS: 15. Second Reading of an Ordinance Revising Chapter 407 of the Fridley City Gode in its Entirety, and Amending Chapter 11 of the Fridley City Code, entitled "General Provisions and Fees;" and Approve Official Title and Summary Ordinance..................................................................................... 56 - 88 16. Resolution Adopting Assessment for Riverview Heights Area Improvement � Project No. ST. 1999 —1 .............................................................. 89 -131 NEW BUSINESS: 17. Resolution Approving a Lot Consolidation, LC #00-03, to Consolidate Two Individual Parcels, Generally Located at 1413 Gardena Avenue N.E. (By Kais Guiga, Islamic Center of Minnesota) (1Nard 2) ................................................................. 132 - 133 18. Special Use Permit Request, SP #00-06, by Kais Guiga, Islamic Center of Minnesota, to Allow Temporary (Modular) Classrooms, Generally Located at 1401 Gardena Avenue N.E. (Ward 2) ......................... 134 FRIDLEY CITY COUNCIL MEETING OF MAY 8. 2000 NEW BUSINESS (CONTINUED): 19. Informal Status Reports ..............................:................................. 135 ADJOURN. PAGE 6 � � GTY OF FRIDLEY r � � +�- E-�;s �'� e� CITY COUNCIL MEETING OF MAY 8, 2000 The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individua(s with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) '1-�w�.c. .�t�af�i � � 3; �t�-u<. �; Il,�r.�s alo�✓t"� PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: PROCLAMATION: Police Week: May 14 - 20, 2000 NEW BUSINESS (CONTINUED): 4. Resolution Authorizing Agreement with the State of Minnesota for Furnishing Chemical Assessment Team Services for Stat 001 25 - 26 �3 APPR6VAL OF PROPOSED CONSENT AGENDA: �� , NEW BUSINESS: � �C 5. Receive the Minutes of the Planning Corrzmission Meeting of April 19, 2000 ............ 1- 18 2. Appoint Planning Commission and HRA Members to Joint Task Force between the Cities of Fridley and Columbia Heights ................. 19 - 20 Approve Construction Agreement between the City of Fridley and the Ciry of New Brighton for the Reconstruction of Stinson Boulevard by the City of New Brighton ......... 21 - 24 Resolution in Support of an Applicatien for a Minnesota Lawfui Gambling Premise Permit for the Church of the Immaculate Conception (Knights of Columbus, 6831 Highway 65 N.E.) (Ward 2) ................. .:... ...... 27 — 28 �� 6. Resolution in Support of an Application for a Minnesota Lawful Gambiing Premise Permit for the Knights of Columbus, 6831 Highway 65 IV.E. (Ward 2) ..................... ......... 29 - 30 �� 7. Establish a Public Hearing for May 22, 2000, on Proposed Ordinance Amendments to Chapter 2 of the Ciry Charter ........................... 31 - 32 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Establish a Public Hearing for May 22, 2000, on Proposed Ordinance Amendments to Chapter 5 of the City Charter ....................... 33 - 34 9. Claims .......... 10. Licenses .......... 11. Estimates ADOPTION OF AGENDA. ... 35 36 - 44 ............................ 45 OPEN FORUM, VISITORS: �� 4 �� PUBLIC HEARINGS: 13. Draft of the City of Fridley's Comprehensive Plan . . . .............................. 50 - 52 G� - ��`� � ��'w'` i�� 1,�� .�� 14. Request by K.J.'s Restaurant for an Intoxicating Liquor Licens ......... ..................... 53 - 55 �� '� !�� '� �C� ��` � .� ��. c ` �� .� ��' ��; I� � _ ��,�(p ��- OLD BUSINESS: 15. Second Reading of an Ordinance Revising i I�j Chapter 407 of the Fridley City Code in it � �-✓ ' Entirety, and Amending Chapter 11 o f t h Fridley City Code, entitled "General Provisions and Fees;" (Consideration of Items not on Agenda — 15 Minutes) (�� : C • , L✓-''� ra/�" \." c,\►�'`'� �L�`�55,�„�a• 16. ��v�? �� L�� PUBLIC HEARING/OLD BUSINESS: and Approve O�cial Title and Summary Ordinance ................................. 56 - 88 �' r� � �,,�-, �-�, `� G, ; �' Resolution Adopting Assessment for � �j Riverview Heights Area Improvement Project No. ST. 1999 — 1 ................... - 1 ��jJ��-� �� 12. Continuation of Public Hearing on Special Use Permit, SP #76-08, to Norma Wilson, Allowing an .,� �� ` n�� /�'' Apartment to Exist Within a Single Family Residence t'- �ti��,,�;�n� tJ�"-��t�� In a R-1, Single Family Residential District, Generally ' Located at 401 Ironton Street N.E. (Ward 3� (Continued J.,,� �� April 10, 2000); �; 4� b Q�''� �,,�y�%�' NEW BUSINESS: and, �+� ��i�;��`�� 17. Resolution Approving a Lot Consolidation, ��''~ �� LC #00-03, to Consolidate Two In divi dua l Motion to Revoke Special Use Permit, SP #76-08, Parcels, Generally Located at 1413 Gardena to Norma Wilson, Allowing an Apartment to Exist Avenue N.E. (By Kais Guiga, Islamic Center Within a Single Family Residential District, Generally of Minnesota) (Ward 2) ...................... 132 - 133 Located at 401 Ironton Street N.E. (Ward 3) (Tabled April 10, 2000) ... ................ 46 - 49 � � ' " ................ x � � d�" U V� � % �' �.� z � � ', � � c� .,'�,;�. � , � L �;�_ I,� L, �-� � _ �,�� C�� i�.ss) �� ., °�} .�' y✓� �. .� 1�� i � .p(_4U,'�^^,�,w� � r • '� f . NEW BUSINESS (CONTINUED)• 18. Special Use Permit Request, SP #00-06, by Kais Guiga, lslamic Center of Minnesota, to Allow Temporary (Modular) Classrooms, Generally Located at 1401 Gardena Avenue N.E. (Ward 2) .:............................... 134 �,--��'�! � �� e., �%� ��-- �� ,- q �'� � �'L'ti�`tiS - y^n. S�t � I A_�'� ? S C �'� J _ / 19. Informal Status Reports ..................... 135 � i ��- �ti ��5�r�i-� :�- Cr,'� ,n�ct. ., ADJOURN. ' � ; �j � � . �,�,� l��-��S �� .. �� = 1 - =�= _� _ �'� �1� � � � ��/ � � �� May 14 - May 20, 2000 WHEREAS, the Congress of the United States of America has designated the week of May 1.5 to be dedicated as "National Police Week" and May 1 S of each year to be "Police O�cers' Memorial Day "; and WHEREAS, law eriforcement officers are our guardians of live and property, defenders of an individual 's right to be free, warriors in the war against crime, and dedicated to the preservation of life, liberty, and the pursuit of happiness; and WHEREAS, it is known that every 57 hours, an American police o�cer will be killed in the line of duty somewhere in the United States, and 136 o�cers will be seriously assaulted in the performance of their duties; and WHEREAS, our community joins with other cities and towns to honor all peace officers everywhere; NOW, THEREFORE, BE IT RESOL VED that I, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim the week of May 14 through May 20, 2000, to be PO�ICE WEEK and call upon all our citizens in this community to especially honor and show our sincere appreciation for the police officers of this City by deed, remarks, and attitude. I call upon all our citizens to make every effort to express their thanks to the men and women who make it possible for us to leave our home and families in safety each day and to return to our homes knowing we are protected by men and women willing to sacrifice their lives, if necessary, to guard our loved ones, property, and government against all who would violate the law. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be a�xed this 8`h day of May, 2000. Nancy J. Jorgenson, Mayor CITY OF FRIDLEY PLANNING COMISSION MEETING, APRIL 19, 2000 CALL TO ORDER: Chairperson Savage called the April 19, 2000, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechle, Barbara Johns Connie Modig, Dean Saba, Dave Kondrick Members Absent: Larry Kuechle Others Present: Scott Hickok, Planning Coordinator Paul Bolin, Planner AI Thoreson, 1314 Hillcrest Drive, NE Howard Tappe, 2601 East River Road Paul Klein, 5974 4th Street, NE Kais Guiga, Vice-President Islamic Center Ray McAfee, 1360 Hillcrest Drive APPROVE THE APRIL 5 2000 PLANNING COMMISSION MEETING MINUTES' MOTION by Ms. Modig, seconded by Mr. Kondrick, to approve the April 5, 2000, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. INTRODUCTION OF BARBARA JOHNS NEW PLANNING COMMISSION MEMBER: Mr. Hickok stated that he would like to introduce the newest Planning Commission Member, Barbara Johns. The City would like to welcome her and thank her for her interest in the Planning Commission. The Planning Commission is an important role in the processing of land use action items in the City. Ms. Johns is also the Chairperson of the Environmental Quality and Energy Commission. 1. PUBLIC HEARING: Consideration of a special use permit, SP #00-07, by Jim Kiewel, for a second accessory structure (garage) over 240 square feet, generally located at 1631 Rice Creek Road. Ms. Savage stated that this hearing was withdrawn. `� Mr. Hickok stated that was correct. 2. PUBLIC HEARING: Consideration of a special use permit, SP #00-05, by Howard R. Tappe Jr., for a second accessory structure (garage) over 240 square feet, generally located at 7601 East River Road NE. MOTION by Mr. Oquist to open the public hearing. Seconded by Mr. Kondrick. UPON A VOICE VOTE, ALL- VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:34 P.M. Mr. Bolin stated that Mr. Tappe is requesting a special use permit to allow the construction of a 720 square foot accessory building to be used strictly for vehicle parking and storage. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided that the total square footage of all accessory buildings does not exceed 1,400 square feet. Mr. Bolin stated that the property is zoned R-1 single family. The properties to the north and south of the property are also R-1, single family. To the east are the Burlington Northern Railroad tracks. To the west across East River Road are more single family homes. This lot was platted in 1941, and the home was built sometime prior to 1949. The proposed drawings provided bythe petitioner and the builder indicate that with the existing garage and a small stocage shed that is also located on the property, the proposed accessory structure will total 1,350 square feet, well within the acceptable square footage. Mr. Bolin stated that the proposed garage will be located east of the current garage location. Staff recommends approval of the special use permit with the following stipulations: 1. The petitioner shall install the code required hard surface driveway. 2. All necessary permits shall be obtained from the City prior to construction. 3. The structure shall not be used for a home occupation. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. The siding and roof materials shall match the exterior of the existing home. Mr. Bolin stated the actual size of the lot is different than the size the builder submitted, which was 120 feet wide by 500 feet deep. In reality, the lot is only 100 feet wide and 360 feet deep on the northern edge and 340 feet deep along the southern edge of the property. The property is still 35,000 square feet. It is not the 60,000 square feet as originally thought. Because of that, an additional stipulation is added requiring the petitioner to have the property surveyed before it goes to the Council to identify and eliminate the need for any variances. There is enough of a difference between the 2 builder's site plan and the actual size of the lot that they are not sure if the garage is set back 15 feet or 10 feet. Mr. Bolin stated that prior to Council approval, there is some recommended wording for a 7th stipulation as follows: "The petitioner shall submit a professional prepared and signed survey prior to City Council review of the item. Further, City staff points out that inclusion of stipulation #6 shall serve as notice to the petitioner that an additional 60 days will be required and the City will be compelled to act on the item within 120 days of the original application date. The survey will be completed on time for proper review and scheduling for City Council action within the 120-day period." Mr. Kondrick stated that is for the property owner's protection as well. Mr. Bolin stated that is correct. Ms. Savage stated that there was a discrepancy in the written materials, stipulation #5, and the stipulations in the Staff's presentation. Mr. Bolin stated that was a typo on his part, and staff would like to keep the written report's stipulation #5. Mr. Kondrick asked if the first stipulation regarding the required hard surface driveway had a time frame for completion. Mr. Bolin stated that would be an excellent idea. They would suggest perhaps 12 months. By City Code, the petitioner would be required to install the hard surFace driveway by January 1, 2002. Ms. Modig asked if he meant 12 months after the completion of the construction or just straight 12 months from the time it is approved. Mr. Bolin stated that he meant 12 months from the date of the building permit. Mr. Howard Tappe, the petitioner, stated that Mr. Bolin explained things well. He has nothing to add and had no problems with any stipulations. Mr. Kondrick asked if he understood the surveying process so he could make sure he is not building on someone else's property. Mr. Tappe stated that he understood. MOTION by Ms. Modig, seconded by Mr. Kondrick, to close the public hearing. Seconded by Mr. Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:42 P.M. 3 Mr. Oquist stated that it was pretty straightfonnrard. Mr. Kondrick stated he has no problem with this. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve SP #00-05, by Howard Tappe Jr., for a second accessory structure over 240 square feet with the amended stipulations as follows: 1. Petitioner shafl install Code requ.ired hard surface driveway within 12 months of issuance of the building permit. 2. All necessary permits shall be obtained from the City prior to construction. 3. The structure shall not be �xsed for a home occupation. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. The siding and roof materials shall match the exterior of the existing home. 7. The petitianer shall submit a professionally prepared and signed survey prior to City Council review of this item. Further, City staff points out that inclusion of stipulation #7 shall serve as notice to the petitioner that an additional 60 days will be required, and the City will be compelled to act on the item within 120 days of application. The survey shall be completed in time for proper review and scheduling for City Council action within 120 days. UPON A VOICf VOTE, ALL VQTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: Consideration of a lot split, LS #00-02, by Earl Weikle & Son's, to split the lot, generally located at 5925 University Avenue NE. MOTION by Mr. Kondrick, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:45 P.M. Mr. Bolin stated that the property is currently owned by the ALANO Society. The petitioners, Earl Weikle & Sons, are seeking to split lot 26, block 13 of the Hyde Park addition in order to create a lot of over 24,000 square feet to construct a new commercial building for Van-O-Lite, a lighting fixture store. If the lot split is granted, the lot would be legally described as the north 20 feet of lot 26, and all of lots 27, 28, 29, and 30, lot 13, Hyde Park, together with that part of the west half of the vacated alley lying adjacent thereto. The proposed location is on the corner of 60th Avenue and the University Avenue service drive. 4 : Mr. Bolin stated that this property is zoned C-2, commercial. Across University to the west is S-1, the Hyde Park area. To the east is an R-2, two-family dwelling zoning d istrict. Mr. Bolin stated both lots will meet the City code requirements for lot size. Once the_ vacated alleyway is properly recorded with lots 25, 26, 29. and 30. The petitioner's surveyor indicated that when they went through the title search process and were putting together the drawings for the lot split, they found that lots 25, 26, 29, and 30, the alley vacation, were never recorded at the County because they are Torrens property, whereas all the other properties on this block were recorded as abstract property had the alleyway vacation been recorded with them. In January 1962, Ordinance #201 was passed vacating that alleyway. This will require the petitionerto work with Anoka County to get the alleyway vacation recorded with the Torrens property in order to keep the property over the 24,000 square foot requirement for lot size. Mr. Bolin stated that City staff recommends approval with the following stipulations: 1. The petitioner shall be responsible for any actions required to transfer fee title to the vacated alley. This action must be completed prior to issuance of any building permits due to the fat that the lot is substandard in size without inclusion of the vacated alleyway. 2. The petitioner shall obtain all necessary permits prior to construction. Mr. Kondrick asked if the recording of the vacation of the alfeyway could be included in stipulation #1. Mr. Bolin stated that the stipulation was written with the intent of recording the alleyway in mind. Mr. Kondrick asked if any neighbors called regarding this. Mr. Bolin stated that they have had no comments. Mr. .Earl Weikle, petitioner and CEO of Earl Weikle & Sons, a general construction company, stated they have been commissioned by Van-O-Lite to help them obtain the property and construct a building. They are an old established business in the neighborhood. They have outgrown their facility and want to build a new attractive facility to enhance their business. Ms. Savage asked if there were any problems with the stipulations. Mr. Weikle stated there were no problems at all. Mel Peters, representative of the Board of Trustees for the ALANO Society, stated that they feel that Van-O-Lite would be a great neighbor to them, and they have been working together to get this resolved so they can get that property. 5 Paul Klein, 5974 4th Street, stated that he is the neighbor directly behind this piece of property. He has a pretty good track record with this property. The previous owner of this property, Skip Stewart of Stewart Homes, brought in over 100 trucks full of dirt to level this piece of property after the fire department had burned off the house that was previously on this piece of property. His property covers the last half of the parking lot of the ALANO Society and the other half is the vacant, so it must be the lot that is being split. Mr. Klein stated the builder did not meet all of the recommendations when tha# building was built. He subsequently had damage to his property due to the City of Fridley signing off on the building permit, giving back the contract to the bonds, and so forth. He was flooded out by rainwater due to the storm sewer problem with the ALANO - property and the field drain associated with the piece of property they are discussing this evening. The previous builder did not put in the three-foot high berm, and the field drain was 6-8 feet higher than it was supposed to have been. Mr. Klein stated there have been major ponding and runoff problems from the ALANO property across their parking lot with major storm water. He and his neighbor have had major water damage. He has documentation of these occurrences since this has happened. He has received payment from the ALANO Society for the water damage. He has major concerns regarding the storm water runoff and the berm situation. He has not had a lot of problems with the ALANO Society as a neighbor. The fence is not maintained at_ 100%. Curbing is not 100% all the way around the parking lot, so his first assumption is that ALaNO Society was expanding the parking lot. The berm of dirt separates the asphalt from the dirt. Ms. Savage asked if he has had recent problems with flooding. Mr. Klein stated that he has not had any once it was resolved. There is a field drain in the middle of the piece of property. Mr. Hickok stated sounds like the issue was resolved after discussion in the early 1990s. To assure the Commission and the speaker that any new development on this site will be required to maintain and hold its own water, the City is very careful to make certain that the on-site ponding requirements meet all the State guidelines. As a result of the catch basin, there will be no runoff detrimental to an adjacent property owner. There is a fence requirement any time a commercial project is developed next to residential. This fence stops at the edge of the existing parking and a new fence will be required to carry on and separate that residential area from this new project. Ms. Johns asked Mr. Hickok if there are requirements to have curbs on the parking lot. Mr. Hickok stated that there are. Curbs are required and variances were granted to the ALANO Society for their location for parking, and it was anticipated that in the future they would be expanding their parking to the north if necessary. When that happens in 6 the City, there have been short-term agreements through the process that the curb is required at the time of expansion. This will finish off both the ALANO's parking area and the new projects parking area and they will expect that all parking curb requirements are met as the project is finished off. Ms. Modig asked if it requires the curb to go all the way around the back. Mr. Hickok stated that they would need to finish their curbing requirements now that the parking is going to be completed. Ms. Johns asked Mr. Klein if that would help him out with the curbing. Mr. Klein asked if they were talking about a buffer befinreen parking lots. - Mr. Peters stated that as far as the overflow parking, Van-O-Lite would allow Fridley ALANO to utilize their parking lof after 5:00 p.m. for any overflow parking. The drain system that was placed.in some years ago has been working. The sound barrier fence will be rebuilt, along with Van-O-Lite's fence, making one fence all the way across. They plan to put in lighting where the 24 strips will be in the middle where the split will take place facing north and south of the parking lot. They would appreciate it if any of the neighbors would let them know if this causes any problems so they can deal with it when the time comes. As far as the strip goes, they have agreed it would be pavement all the way straight across#o eliminate #he curbing. Mr. Klein asked if there could be a site lighting plan that is part of the documentation to this pertaining to how high the ballards would be and would there be wall packs on the back of the building. He does not want his back yard lit up by commercial lighting after the business is closed. Mr. Hickok stated that Code requires shielded downcast lighting to eliminate the horizontal glare to adjacent properties. They also do require that no lighting would have an impact of greater than three-foot candles at the property line. MOTION by Mr. Kondrick, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:10 P.M. Mr. Oquist stated that it seems to be pretty straightForward. Some of the things will be discussed again in the construction stage. Mr. Kondrick stated that he agrees. MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend approval of SP #00-02 by Earl Weikle & Son's to split the lot with the following stipulations: 7 1. The petitioner shall be responsible for any actions required to transfer fee title to the vacated alley. This action must be completed prior to issuance of any building permits due to the fat that the lot is substandard in size without inclusion of the vacated alleyway. 2. The petitioner shall obtain all necessary permits prior to construction. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this will go to the City Council on May 8. 4. PUBLIC HEARING: _ Consideration of a lot consolidation, LS #00-03, by Kais Guiga, Islamic Center of Minnesota, to consolidate parcels, generally located at 1413 Gardena Avenue NE. 5. PUBLIC HEARING: Consideration of a special use permit, SP #00-06, by Kais Guiga, Islamic Center of Minnesota, to allow temporary (modular) classrooms, generally located at 1413 Gardena Avenue NE. MOTION by Ms. Modig, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:14 P.M. Mr. Hickok stated this is a combination lot split and special use permit request for the Islamic Center at 1401 Gardena Avenue. The Islamic Center is requesting a special use permit to allow the installation of an 83 foot by 68 foot classroom building at the northeast corner of their existing building. The Islamic Center is also requesting a lot combination to allow the residential site at 1413 Gardena to be added to the Islamic Center school property. Mr. Hickok stated the Islamic Center has evaluated a number of different options on this site for a classroom building. It is a site that has many interesting aspects. The site was originally designed as a public elementary school site and is neatly situated on the north side of Gardena and is surrounded by residential. Immediately to the north is the edge of a woodland fringe surrounding a wetland area. Mr. Hickok stated the school and City staff wanted to make sure that area was not detrimentally impacted by an expansion or a temporary classroom. There were two options initially considered. One was to put the classroom to the west putting the classroom on top of existing parking. This created the need to expand parking to make up for the loss. One was to move the classroom to the northeast corner. There is a classroom building centrally located on the site and straight to the north between the woodland fringe and the building is a jungle gym playground area and then to the west : is a large open field and parking area. There is a slope and another portion to the playground area that serves the school's outdoor activities needs. The location picked was the northeast corner. The slope considerations had to be given to make sure that the building was going to be prope�ly situated and that enormous detrimental impact would not be made on the hillside or playground. Mr. Hickok stated that the classroom building would be linked to the larger building. A classroom link would be ten feet wide. The classroom building itself needs to be �0 feet away from the building by Code to provide a fire safety separation. This can be linked with a weather-tight and temperature control link. This works with the contdurs of the hill and is positioned to cross the property line. To the east is a home with a detached garage. West of the home is a vertical dashed line representing the property line for this project. The Islamic Center now owns that residential property where the home and garage exists providing flexibility to put the classroom off from the slope as much as possible and saves as many trees as possible on the residential site. Mr. Hickok stated the s�te is over ten acres in area with the addition of the classroom and residential property to the east at ten and a half acres. Smaller lots surrounding this site are R-1, single family residential. The Code requires a special use permit for a private school in an R-1 zoning district. Tonight the Commission is considering a special use permit based on the expansion of the existing private school in this district. The building itself sites on piers because of its temporary nature instead of a full foundation. Staff recommends approval with the following stipulations 1. All necessary permits shall be obtained from the City prior to construction. 2. The special use permit shall be for a 3-year period. 3. The building shall be located in accordance with the Site Plan dated 3-17-00, by Hakanson Anderson Assoc., Inc. 4. All necessary protection devices shall be provided to protect children around the retaining wall on the northeast corner of the building. 5. Staff recommends that the Islamic Center file a special use permit application for a day care center in a residential district if they intend to utilize the home at 1413 Gardena Avenue in that manner. Staff recommends the following stipulations for the Lot Split/Combination, LS #00-03: 1. A lot combination form shall be filed with the Anoka County upon approval by the City Council. 2. Approval of Special Use Permit, SP #00-05. Mr. Oquist asked if the Islamic Center has a special use permit now for a school in an R-1 district. Mr. Hickok stated that they do not. This school evolved from a public school to a private school through a real estate transaction. The expansion of the private school is what has triggered the special use permit. 9 Mr. Oquist stated they shouid have had a special use permit when that became a private schooi. Mr. Hickok stated that it is very much like Totino Grace's situation. They went through a special use permit process earlier this year when they were redoing their football field and athletic area. Totino Grace also existed prior to having a special use permit. Mr. Oquist stated that a special use permit allows these temporary classrooms for three years. Is this the length of the temporary modular classroom and �achat happens after - three years. Mr. Hickok stated that they would need to have it revisited by the Commission and Council at that time. If it were to be extended beyond three years, it would take Commission recommendation and Council concurrence that it could happen. Staff has made it very clear to the school that they want it to be a temporary structure if approved. They have plans for a permanent school expansion, and this bridges the gap for the capital improvement planning they are doing to put a permanent structure on the building. Mr. Oquist asked if stipulation #5 could be reworded to state that they will apply for a special use permit. Mr. Hickok stated that would be fine. Ms. Modig stated she lives right behind this property. Where will the new addition be? Mr. Hickok stated that he is not certain that the school is 100% sure of that at this time. They wanted to make it clear that the temporary location does not interfere with the permanent expansion of the school so they can continue with the building in this location as their permanent expansion happens. The permanent addition will not likely be the northeast corner of the building. Ms. Modig asked how high the temporary structure would be. Mr. Hickok stated that it will be sitting a bit higher than the first floor level of the adjacent house, but it is the equivalent of a one-story residential structure. Ms. Modig stated the playground is well used. Who determines the size of the playground? If there is an additional daycare center, is there any criteria that determines the size of the playground? Mr. Hickok stated that lot coverage in an R-1 district makes certain that no more than 25 % of a site is covered. This would apply in this situation. Daycare centers have certain requirements for indoor and outdoor muscle-building activity areas for State licensing. 10 � �x + Schools also have an outdoor requirement for certain outdoor activity areas through grade 12. Ms. Modig stated that she is concerned for the wetlands back there. Many years ago there was a plan to build back there and a problem pe�tained to storm drains because of the runoff into wetlands. With the addition, would there be any more requirements or is that part of that plan? Mr. Hickok stated that they have an internal review by the Engineering Department, Buiding Inspection, Fire .Department, and Police Department staff for all those elements that would cause concern. The question has been asked of the Engineering Department, and they analyze what the new roof area and hard surface runoff will do to a site. They cannot detrimentally impact the surrounding environment with the runoff here. If the runoff causes a problem to the wetland, they will need to validate how this storm water is going to be handled and where it needs to be directed. Mr. Kondrick asked if there were any fencing requirements to shield the kids from the wetland area. Mr. Hickok stated that it is a discretionary call on the part of the school. At this point, they have not required that the wetlands be fenced. Ms. Modig stated that even when there was a public school, there was not a fence there. Ms. Johns asked for more information regarding the retaining walls. Mr. Hickok stated that there is a stipulation with this approval to require that the retaining wall be treated as if there is no building there. The retaining wall is built and a fence be placed there. Even if the building is pulled away for a short period, they do not want the surprise drop for children. Ms. Johns stated that stipulation #4 does not say anything about a fence, only that protective devices shall be provided. Mr. Hickok stated that they kept it broad to include any and all of the things that may be required. Mr. Oquist stated that the lot where the house is will be consolidated into a big lot so it is all one. If for some reason in the futu�e they decide to sell it, can the lot be split again and made into a separate lot? Mr. Hickok stated that is correct. Mr. Oquist asked if the permanent structure will not be located where the temporary lot is. 11 Mr. Hickok stated that is correct. It is conceivable that once the temporary building goes away, they get their configuration of the lot back and it could be severed off again and sold as a single family parcel. Mr. Naeem Qureshi, President of the Islamic Center, stated that he could answer any questions the Commission might have. Ms. Modig asked if the new addition would be kept in a one-story design. Mr. Qureshi stated that is the plan now. They are still working on it and do not have any definite answer at this time. Ms. Modig stated that concerns her. Mr. Hickok stated that a two story temporary building would be unusual with the accessibility requireme�ts to date. Ramps or elevators would have to go to the second story as well. Ms. Modig stated her question was regarding the permanent building. Mr. Hickok stated that he could not answer that question. Mr. Qureshi stated that he cannot foresee that they would have a two story building because of the cost, but they are still in the planning stages. Ms. Savage asked if he had any problem with the stipulations. Mr. Qureshi stated there is a retaining wall that is being planned. They may be able to put bushes there instead of a retaining wall and do it in one slope. Mr. Hickok stated that the permanent addition will require a review again under the special use permit provisions. Mr. AI Thoreson, 1314 Hillcrest Drive, stated that he would like to know where the parking would go with the temporary structure and get an idea where the permanent structure might be. Mr. Hickok stated that an assumption is that if the addition to the school does not go out to the northeast corner but goes directly east, then it would leave the parking in its current configuration. There is not a lot of land to go north and if the addition does not go east, it raises some additional questions about how the parking lot would be configured. The same type of concerns and consideration would be given as we analyze this and make recommendations in the future about parking. There is potential for moving the parking west because of the fairly level ground. 12 Mr. Oquist asked if they own property to the west of the parking. Mr. Hickok stated that was correct. Ms. Modig asked if the strip of land that has a sidewalk that is between the property and Hillcrest Drive is part of the school's property or part of the City's. Mr. Hickok stated that it part of this property that provides access from the neighborhood to the school property and initially was part of the public school district property and was conveyed to the school as part of the package. Ms. Modig asked if that leaves the property open to be used as a driveway in the future for access to this. � Mr. Hickok stated that any of those types of impacts would have to be analyzed and it would not happen by surprise to the Commission. Mr. Spencer Meneer, 1291 Gardena, stated that about four years ago, the current owners came with a request for a special use permit for a daycare. As part of that discussion, there were a number of stipulations that were mutually worked out and assessed dealing with the maintenance of the property and separation of the property from the adjoining lots to the west. They decided to not go forward to the daycare. They did not go through the agreements ofi the daycare center #our years,ago, but started a school and he would respectfully requestthat the minutes to those meetings be found to look at the privacy issues that were agreed upon for a daycare center. Mr. Hickok stated that the school went through a special use permit process for a daycare. There were standard stipulations that they would place on a daycare. One stipulation was the fence requirement to separate this school property from the adjacent properties. The Islamic Center did not move forward with that permit and after 12 months the permit was null and void. The Islamic Center school predated the requirements for a special use permit for a private school in an R-1 district and the R-1 district is now very clear about that and the City needs to get a special use permit for any sort of expansion to that. A fence is at the Commission's discretion. If they want to recommend that as part of the approval to this, however the City looks at what is being requested and what kind of impacts to the site. It is not the City's understanding that the additional classrooms will cause additional parking demands and additional activity in the parking lot. Mr. Ray McAfee, 1360 Hillcrest Drive, stated that he is concerned about the length of time that this is going to be on the properties. He would be ashamed of his yard if it was kept in the way the Islamic Center lot is kept in the portion of the lot that goes down from the school property to Hillcrest. He would cut the length of time from three years to one and a half years to make sure that it did not become a permanent building. He is concerned as to where the water runoff of the temporary building would go because there is no outlet down to Woody Lane or Hillcrest to allow that water to end up in 13 Moore Lake. He would like to see the temporary building to match up to the building that is there now. Ms. Johns asked what caused the three year length of time for temporary buildings. Mr. Hickok stated that is the amount of time Staff felt would be appropriate under this permit. Three years is about what it takes to plan something like an addition. Mr. McAfee stated that the present playground area is like a brushfield. He is wondering about the people whose property abuts the school property and playground -- pertaining to the school paying for a fence for their properties. He thinks they deserve privacy. Ms. Olga Palmer, 1329 Gardena, stated that she lives next to the lot that was sold to the Islamic Center. When they brought the property the school was operating five days a week. Now the school is operating 7 days a week early in the morning to late at night. At 11:00 at night, the gy�nnasium doors are open and there is hollering and screaming and playing basketball. The neighborhood needs a buffer. A modular unit is not appropriate in a residential area. The property in back of them is never maintained. There are tree branches laying along the fence line and excessive brush. Mr. Charles Pearson, 1310 Hillcrest Drive, stated that he is Mr. Thoreson's neighbor. His concem is that the lot is not well maintained. They decided not.to mow the fenced part by himself and Mr. Thoreson. Mr. Thoreson has been mowinr� it for the last few ° years. His concern is that with a permanent structure that it not impact the driveway that goes past the side of the school. Ms. Savage stated that it does not sound like there is any possibility of a road. Mr. Hickok stated that there is not a road planned at this time. They are not certain about the future of the property and his sense is that a road would not make sense for access to a parking lot. Mr. Oquist stated that a road to the parking lot would not be a City road, it would have to be some type of driveway. A parent of a studen# of the Islamic Center, stated that the neighbor's concerns are taken into consideration and they wanf to be good neighbors. A teacher at the Islamic Center, stated that the teachers maintain the playground and they ask the kids to clean up the playground also as part of the social studies grade. Mr. Marc Doherty, 1423 Gardena Avenue, stated that the members of the Islamic Center have always been very polite and friendly to him and he supports their efforts to enhance their program. It is a concern that the lot at 1413 Gardena would no longer be zoned residential. 14 Mr. Hickok stated that the lot at 1413 Gardena would remain R-1 single family residential. By consolidating the lots just recognizes for City purposes that this is a consolidated campus now and it will not change the zoning status but provides an overlay of the special use permit applying to that property as well. It may become the candidate site for the new addition to the school, but he does not know that for sure. Mr. Oquist stated that they could tear that house down and build eastward. Mr. Thoreson stated that he mows the grass on the portion of the lot but does not feel comfortable doing that anymore because of the wear and tear on his mower. He is not going to continue to do that anymore. Mr. Oquist asked if they have as part of the ordinance that the grass cannot be higher than 10 inches. Mr. Hickok stated that was correct and he is glad to have the information about the grass so they can watch that. A parent of Islamic Center students, stated that the addition would certainly help the children's education. They would be very happy to accommodate the neighbors with any problems. Mr. Qureshi, President of the Islamic Center, stated that they have a program of improving the landscaping. Last year they spent about $25,000 landscaping in front of the building. There must be a misunderstanding with the person who is cutting the grass about where the property line is and he will take note of it and show him where the property line so the grass gets mowed. They would like to be good neighbors and try their best to address concerns from the neighborhood. They encourage children to come to the gym but will put a limit on their time. Mr. Richard Palmer, 1329 Gardena, stated that his concern is the parking lot runoff. What is the environmental impact statement on that property? Mr. Hickok stated that the runoff will be analyzed and have calculations for runoff to satisfy the City engineering folks for a storm water management plan that will not affect adjacent properties. The environmental impact statement (EIS) is not a tool to be used on a project of this size. Parking stalls in a shopping center will cause an EIS statement. Other mechanisms are in place for protecting wetlands and other natural areas. Ms. Johns asked if there were any additional requirements because of the additional temporary building. Mr. Hickok stated that it is their understanding that it has not triggered parking problems. 15 �+ Mr. Kais Guiga, the Vice-Principal of the Islamic School, stated that they need the space for their classrooms. This temporary facility will only be housing students who are not driving cars. They will be happy to take care of any concern of the neighbors. It is not feasible to have the temporary facility due to the cost. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:20 P.M. Mr. Oquist stated that he does not see anything wrong with the project itself. There has been a lot of discussion on maintenance issues which he hopes will be corrected now and that the City should monitor. They have expressed willingness to do that. They need the three year versus the year and a half permit. Mr. Saba stated that his concern is regarding the neighbor's comment about noise. Is there a limit about what kinds of things that can go on in school districts? Mr. Hickok stated that there is only the nuisance section of the City ordinances. They would not be consistent if there was a condition put on this school and not on other schools. Ms. Modig stated that they have been good neighbors and she has not heard a lot of noise. She cannot find any fault with the project and they have covered all of the bases and it is well thought out. Ms. Johns stated she does not have a lot of problems with this request. Her question is regarding the fence between the house that may be used for a daycare facility on the adjacent property. Ms. Savage stated that they would have an opportunity to revisit that. If there are continuing problems with maintenance and noise the Islamic Center should be contacted. She does not have any problem with this request. Mr. Kondrick stated that he does not have a problem with the request. He hopes the Islamic Center continues to work hard at being a good neighbor. Mr. Saba stated that the Islamic Center could have a spokesperson to help communicate with neighbors regarding their concerns and to let the neighbors know what is going on. Anytime there is a lot of construction neighbors have questions. He does not have a problem at all with this. He thinks they have been good neighbors and it is a good center. � 16 Ms. Modig stated that her concern is that the house out there that may be turned into a daycare center would require fencing and equipment and other requirements but she knows that it would be addressed at the application. Mr. Oquist stated that he hopes that everybody can kind of keep this meeting going and it is a good idea to have a spokesperson for the neighborhood. MOTION by Ms. Modig to approve the lot consolidation LS #00-03 and the special use permit SP #00-05 with stipulations amended as follows: SP #00-05: 1. All necessary permits shall be obtained from the City prior to construction. 2. Special Use Permit shall be for a 3-year period. 3. Building shall be located in accordance with the Site Plan dated 3-17-00, by Hakanson Anderson Assoc., Inc. 4. All necessary protection devices shall be provided to protect children around the retaining wall on the northeast corner of the building. 5. The Islamic Center will file a special use permit application for a day care center in a residential district if they intend to utilize the home at 1413 Gardena Avenue in that manner. LS #00-03: 1. A lot combination form shall be filed with the Anoka County upon approval by the City Council. 2. Approval of Special Use Permit, SP #00-05. Seconded by Mr. Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE MARCH 6 2000 PARKS AND RECREATION COMMISSION MEETING. MOTION by Mr. Kondrick to receive the minutes. Seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE MARCH22 2000 APPEALS COMMfSSION MEETING. MOTION by Mr. Oquist to receive the minutes. Seconded by Mr. Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 17 OTHER BUSINESS Mr. Bolin stated that on April 10 Council approved the special use permit by Gary Bannochie requiring three trees to be planted rather than five. On April 24 City Council will review Tim Jawor's application for a multi-unit townhome development and Mr. Steies' application for the former Moose Club. They also will review Metal-Tek's application that the Planning Commission previously recommended approval for. ADJOURN MOTION by Mr. Kondrick, seconded by Ms. Modig, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE APRIL 19, 2000, PLANNING COMMISSION WAS ADJOURNED AT 9:40 P.M. Respectfutly submittect, �- � ..nn �• ��{ii�� Signe L. Johnson Recording Secretary 18 � � UfY OF FRIDLEY Date: To: From: RE: AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 5/2/00 �� William W. Burns, City Manager .�j1f� Barbara Dacy, Community Development Director Appoint Planning Commission and HRA Members to Joint Task Force JOINT TASK FORCE At the February 29, 2000 joint City Council meeting between Fridley and Columbia Heights, direction was given to staff of each community to establish a joint Task Force of the ciries. The purpose of the Task Force is to make recommendarions as to how best to take advantage of.the opportunilies presented by the Medtronic Corporate Campus. The Task Force is to be made up of a Council member, a HRA/EDA member, a Planning Commission member and a business representarive from each City. The purpose of the Council's action on Monday night is to appoint the Planning Commission, HRA, and school district representarives. 'The business representarive position was recently advertised and will be presented for Council action on May 22, 2000. The Planning Commission made a morion at its Apri15 meeting recommending Chairperson Diane Savage. The HRA passed a morion recommending John Meyer at its meeting on Apri16. The Task Force is also to have a representarive from the affected school districts within the study area. Gary Brisbin is the recommended representarive from School District #16 and Larry Johnson is the representative from School District #14. Confumarion from School District #13 as to their representative has not been received as of the date of this memo, but it is hoped that this can also be confumed for Council review on May 22, 2000. As a fmal note, Barbara Nelson, Ciry Administrator for Spring Lake Pazk has been invited to all of the TAC meetings; she was in attendance at the most recent meeting on April 13, 2000. RECOMMENDATION Staff recommends the City Council appoint Diane Savage, John Meyer, Larry Johnson, and Gary Brisbin to the Task Force. M-00-79 1 �� JOINT CITY TASK FORCE Advisory Commission to City Councils of Fridlev and Columbia Hei h�ts PURPOSE: To work cooperatively to prepare a plan and identify strategies to create redevelopment and other opportunities in a defined study area. - CHAIRPERSON Dave Behlow, I.S. D. #13 FRIDLEY COLUMBIA HEIGHTS l. City Council Members from each City 2. HRA/EDA from each City 3. Planning Commissioners from each City -4. $usiness Representatives from each City 5. Independent School District # 14 representative 6. Independent School District #16 representative EX-OFFICIO • City Mangers of Fridley and Columbia Heights • City Administra tor from Hillton TECHNICAL ADVISORY COMMITTEE • Com. Dev. Directors Co-Chair • City Planners • Housing Coordinators • City Engineers • Anoka County • I.S.D. #13, #14, #16 � CONSULTANTS • Land Use • Market • P1anSight (GIS) � � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 TO: Wil]iam W. Burns, City Manager FROM: John G. F1ora,�Public Works Director Jon H. Hauk�s, Assistant Public Works Director � DATE: SUBJECT: May 8, 2000 Reconstxuction of Stinson Boulevard by New Brighton PW00-054 Attached is the Construction Agreement from New Brighton for the reconstruction of Stinson Boulevard as part of their 2000 street improvement project. Costs identified are estimated only. They will be opening bids on May 5, 2000 and expect to award the project at their May 9, 2000 City Council meeting. Recommend the City Council approve the enclosed Construction Agreement for the reconstruction of Stinson Boulevard by the City of New Brighton. JHH/JGF:cz Attachment 21 CONSTRUCTION AGREEMENT TO RECONSTRUCT STINSON BOULEVARD FROM A POINT 810 FEET SOUTH OF 16�` STREET NW (GARDENIA AVENUE) TO RICE CREEK ROAD. RECONSTRUCTION INCLUDES BUT IS NOT LIMITED TO THE REMOVAL OF THE EXISTING BITUMINOUS SURFACING, REMOVAL AND REPLACEMENT OF DAMAGED CURB AND GUTTER, THE INSTALLATION OF STORM SEWER, AND THE INSTALLATION OF NEW AGGREGATE BASE AND BITUMINOUS SURFACING. This Agreement� made and entered into this day of , 2000, by and between the City of New Brighton, a body incorporated under the laws of State of Minnesota, herein after referred to as "New Brighton", and the City of Fridley, a body incorporated under the laws of the State of Minnesota, hereinafter referred to as"Fridley". WITNESSETH: WHEREAS, it is considered mutually desirable to jointly reconstruct the corporate limit street of Stinson Boulevazd from a point 810 feet south of 16�' Street NW to Rice Creek Road; and WHEREAS, both parties have expressed willingness to participate in the project costs required to accomplish this construction; and NOW, THEREFORE, it is hereby agreed: The Cities have jointed together for the purpose of reconstructing Stinson Boulevard. New Briahton shall provide all engineering services and shall cause the construction of New Brighton Project 00-1, Street Reconstruction in conformance with said plans and specifications. The letting of the bids and the acceptance of all bid proposals shall be done by New Brighton, unless otherwise stipulated by joint resolution. The contract costs of the work shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" aze good faith projections of the costs will be incurred for this project. 1. Fridley shall pay 100% of the street reconstruction accomplished in their respective azea. The final cost shall be established based on actual quantities in-place multiplied by the contract unit price bid. The estimated costs aze: Street Reconstruction $149,800 Storm Sewer � 36 500 Total Estimated Construction Costs $186,300 2. Fridley shall pay New Brighton the actual cost for engineering services provided, however, that said amount shall not exceed 18% of Fridley's share of the actual construction costs. The estimated costs for engineering services is $30, 800. 22 3. Fridley's estimated total cost for this project is $217,100. Upon final completion, acceptance, and approval of the project, Fridley shall pay New Brighton the actual construction cost according to the contract notwithstanding the estimates herein. Fridley and New Brighton mutually agree to indemnify and hold harmless each other from any claim, loses, costs, expenses, or damages resulting from the acts or omissions of the respective officer, agents, or employees relating to activities conducted by either party under this Agreement, provided, how•ever that nothing herein shall be deemed a waiver by either party of the limitation on liability set forth in Minnesota Statutes Chapter 466. It is understood and agreed that the entire agreement of the parties is contained herein and this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. APPROVED AS TO FORM City Attorney APPROVED AS TO FORM City Attorney G:�ENG�2000proj\proj00- I �FridieylGPA.wpd CITY OF FRIDLEY Mayor City Manager CITY OF NEW BRIGHTON 23 Mayor City Manager � �`' �/ �-.1 � � ��` �� z � � City of Fridley TO: William W. Burns, City Manager PW20-018 FROM: John G�lora, Public Works Director Jon H. �aas, Assistant Public Works Director �� DATE: January 21, 2000 SUBJECT: Reconstruction of Stinson Boulevard by New Brighton Last Friday we met with Les Proper, the City of New Brighton Public Works Director, regarding their proposal to reconstruct Stinson Boulevazd from Rice Creek Road through the cul-de-sac south of Gardena Avenue as part of their 2000 street construction project. The project will include reclaiming of existing � asphalt and sub-cut of the base to allow reconstruction to a 9-ton roadway design. The existing concrete curb and gutter will be spot repaired and reused to maintain existing grades and m�n�*►�i�e driveway impacts. New Brighton proposes to send out invitations February 1 for an informational meeting on February 9, 2000 at the New Brighton City Hall Council Chambers. A copy of the notice to be sent to Fridley residents on Stinson Blvd is attached. The construction process schedule and cost will be explained to the public at this time. Under the existing City of Fridley assessment policy, there would be no assessments to the Fridley residents along the roadway as Stinson has existing concrete curb and gutter. The City of Fridley's portion of this project is estimated at $170,017. This cost could be covered with excess funds from our own 2000 street reconstruction and sealcoat budgets and from State Aid funds. Recommend the City Council support this project and approve the inclusion of the City of Fridley in the reconstruction of Stinson Blvd. JHH/JGF: cz Attachments \ 24 � � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 WILLIAM W. BURNS, CITY MANAGE�� CHUCK MCKUSICK, FIRE CHIEF APRIL 21, Z000 CHEMICAL ASSESSMENT TEAM CONTRACT - FY2001 Council authorization is requested to enter an agreement with the State of Minnesota. which extends our Chemical Assessment Team contract for the period July 1, 2000 to June 30, 2001. The terms and conditions are unchanged except for labor rates which have been increased to reflect increases granted in the firefighter labor agreements. This is a cost reimbursement contract. The resolution is attached. 25 RESOLUTION NO. - 2000 RESOLUTION AUTHORIZING AGREEMENT WITH STATE OF MINNESOTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES FOR STATE FY 2001 WHEREAS, the City of Fridley's Fire Department has provided Chemical Assessment Team service to the State of Minnesota under contract vendor number 023388099-00 from July l, 1999 and said agreement will expire June 30, 2000; and WHEREAS, the State's Department of Public Safety Contract Officer and Deparfinent of Administration have elected to extend said contract for the period July 1, 2000 to June 30, 2001, if accepted by the vendor; NOW, THEREFORE, BE IT RESOLVED that the Fire Chief is directed to complete and submit to the State's Hazardous Materials Regional Response Team Program Operations Administrator, a response to the State's request for detailed information which will become the terms of the extended agreement, and that the Mayor and City Manager aze hereby authorized to execute the resultant agreement on behalf of the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF MAY, 2000. ATTEST: DEBRA A. SKOGEN, CITY CLERK NANCY J. JORGENSON, MAYOR 26 � � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 To: William W. Burns, City Manager T� � From: Richard D. Pribyl, Finance Director Deb Skogen, City Clerk Date: Re: Apri127, 2000 Church o� Immaculate Conception Permit Renewat — Knights of Columbus, 6831 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Church of the Immaculate Conception is currently conducting charitable gambling at the Knights of Columbus, 6831 Highway 65 NE. Their Charitable Gambling Premise Permit>expires on June `- 30, 2000. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective July 1, 2000 and expire June 30, 2002. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 27 RESOLUTION NO. - 2000 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR CHURCH OF THE IlVIlVlACUi.ATE CONCEPTION WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pernut for the Church of the Immaculate Conception; and WHEREAS, the location of the Premise Permit is for the Knights of Columbus, 6831 Highway 65 NE, and will be effective from July 1, 2000 to June 30, 2002; and WI�REAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. • NOW, TI�REFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Church of Immaculate Conception, located at the Knights of Columbus 6831 Highway 65 NE. PASSED �ND ADOPTED BY TI�E CITY'- COUNCIL -OF THE CTTY OF FRIDLEY THIS 8�' DAY OF MAY 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK �� NANCY J. JORGENSON - MAYOR � � QTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 William W. Burns, City Manager C�� Richard D. Pribyl, Finance Director Deb Skogen, City Clerk Apri127, 2000 Knights of Columbus Hall, 6831 Highway 65 NE Premises Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Knights of Columbus is currently conducting charitable gambling at their facility located at 6831 Highway 65 NE. Their Charitable Gambling Premise Permit expires on May 31, 2000. , The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective June 1, 2000 and expire May 31, 2002. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 29 RESOLUTION NO. - 2000 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PRENIISE PERMIT FOR I�IIGHTS OF COLUMBUS, 6831 ffiGHWAY 65 NE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pernut for the Knights of Columbus Counci14381; and ,. , WHEREAS, the locarion of the Premise Pemut is at their premises, 6831 Highway 65 NE, and will be effective from June 1, 2000 to iViay 31, 2002; and WI�REAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, 'THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Knights of Columbus at their facility located at 6831 Highway 65 NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8�' DAY OF MAY 2000. . . ATTEST: DEBRA A. SKOGEN - CITY CLERK 30 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY CITY COUNCIL AG�NDA MAY 8, 2000 To: William W. Bums, City Manager �� From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: May 5, 2000 Re: Scheduling of Public Hearing for Proposed City Charter Amendment Chapter 2 Amendments to the City Charter may originate in several ways. One is for the Charter Commission to recommend the council amend the Charter by ordinance. In this case, the council, by a unanimous vote, may adopt the ordinance after a public hearing that had two weeks published notice. The Fridley City Charter Commission has been discussing Chapter 2 for the past several years. They have recommended changes, sent language to the Charter Commission Attorney for review and made the necessary recommended changes. They have drafted two ordinances addressing council vacancies and initiative, referendum and recall. Staff recommends scheduling a public hearing of the council on Monday, May 22, 2000. 31 City of Fridley � Public Hearing Notice Before the City Council Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue NE on Monday, May 22, 2000 at 7:30 p.m. on proposed ordinance amendments to Chapter 2 to the city charter. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572- 3500 no later than May 5, 2000. Anyone having an interest in this matter should make their interest known at this public hearing. Debra A. Skogen City Clerk Published May 11 and 18, 2000 32 CITY OF FRIDLEY CITY COUNCIL AGENDA MAY 8, 2000 To: William W. Burns, City Manager�� From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: May 5, 2000 Re: Scheduling of Public Hearing for Proposed City Charter Amendment Chapter 5 Amendments to the City Charter may originate in several ways. One is for the Charter Commission to recommend the council amend the Charter by ordinance. In this case, the council, by a unanimous vote, may adopt the ordinance after a public hearing that had two weeks published notice. The Fridley City Charter Commission has been discussing Chapter 5 for the past several years. They have recommended changes, sent language to the Charter Commission Attorney for review and made the necessary recommended changes. They have drafted two ordinances addressing council vacancies and initiative, referendum and recall. Staff recommends scheduling a public hearing of the council on Monday, May 22, 2000. 33 City of Fridley Public Hearing Notice Before the City Council Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue NE on Monday, May 22, 2000 at 7:30 p.m. on proposed ordinance amendments to Chapter 5 to the city charter. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (.763) 572- 3500 no later than May 5, 2000. Anyone having an interest in this matter should make their interest known at this public hearing. Debra A. Skogen City Clerk Published May 11 and 18, 2000 34 : �AGENDA ITEM COUNCIL MEETING OF MAY 8, 2000 CITY OF FRIDLEY CLAIMS 93065 - 93286 35 / � CRY OF FRIDLEY LIC{ENSES CITY COUNCIL MEETING OF MAY 8, 2000 FOOD A&W Fridley 7429 East River Road Fridley, MN 55432 GAS PUMP - PRIVATE linited Defense 4800 East River Road Fridley, MN 55432 JUNK YARD Sam's Auto Parts 1240 - 73-1/2 Avenue� Fridley, MN 55421 George Bichler Douglas Hildre Barry Hoosline Police Department $45.00 Fire Department Community Development Police+Department $30.00 Fire Department Community Development Police Department $350.00 Fire Department Community Development MOTOP. VEHICLE BODY REPAIR Rods and Restos, Inc. Michael Tipler Police Department $150.00 7905 Beech Street Fire Department Fridley, MN.55432 Community Development ON-SALE BEER - TEMPORARY � Fridley Wrestling Boosters Todd Christenson Police Department $60.00 1337 Gardena Avenue �,.-� Fridley, MN 55432 TAXICAB AAA Taxicab Service, Inc. Atre Ashagre 2010 East Hennepin Avenue Suite 7-221 Minneapolis, MPd 55413 TREE REMOVAL AND TREATMENT �- Arp's Tree Service Gary Arp 3827 Jefferson Street NE Columbia Heights, MN 55421 36 Police Department Public Works $50.00 $40.00 � � QTY OF FRIDLEY BLACKTOPPING Czars of Tar 5860 114 Place N LICEN�ES CITY COUNCIL MEETING OF MAY 8, 2000 � Champlin MN 55316 Tom Steichen Lino Lakes Blacktop Inc 510 Lilac St Lino Lakes MN 55014 ' Tom Ramsden ELECTRICAL Bacon's Electric Co 7731 Main St NE � Fridley Mn . 55432 Collisys 4990 North Hwy 169 New Hope MN 55428-4026 Comm Tech Electrical Contractors tnc 14216 23 Ave N Plymouth MN 55447-4910 Prairie Electric Co Inc 6595 Edenvale Blvd #120 Eden Prairie MN 55346-2567 Royalton Heating & Cooling 4120 85 Ave N Brooklyn Park MN 55443 Weber Electric Inc 577 Shoreview Park Rd Shoreview MN 55126-7014 EXCAVATING . Bolander Carl & Sons Co 251 Starkey St St Paul MN 55107 GAS SERVICES Alliance Mechanical Services Inc 1900 Oakcrest Ave STE 1 Roseville MN 55113 Foremost Mechanical Corp 501 W Lawson Ave St Paul MN 55117 Richard Paddock Richard Boe Michael Schmitt Ronald Oswald Tom Stewart Steve Weber Timothy Gillen Craig Holmer John McQuill�� 37 RON JULKOWSKI Building Official Same STATE OF MINN Same Same Same Same Same RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same Harris Companies 909 Montreal Circle St Paul MN 55102 Kath Heating & Air Cond 3096 Rice St Little Canada MN 55113 Northland Mechanical Contractors Inc 2900 Nevada Ave N New Hope MN 55427 Royalton Heating 8� Cooling 4120 85 Ave N Brooklyn Park MN 55443 St Cloud Refrigeration 604 Lincoln Ave NE � St Cloud MN 56304 St Marie Sheet Metal Inc 7940 Spring Lake Park Rd Spring Lake Park MN 55432 Soderlin H O Plbg Htg & AC 3612 Cedar Ave S Minneapolis MN 55407 Sprigs Plumbing & Heating Co 124 Eva Street St Paul MN 55107-9333 Superior Heating AC & Electric 2132 2 Ave N Anoka MN 55303-2256 GENERAL CONTRACTOR-COMMERCIAL Alliance Mechanical Senrices Inc 1900 Oakcrest Ave STE 1 Roseville MN 55113 Anderson Construction 115 South Elm Belle Plaine MN 56011 B& B Sheetmetal 8� Roofing Inc 210 Centennial Dr Buffalo MN 55313 Duke-Weeks Construction 1550 Utica Ave Minneapolis MN 55416 Steven Peterson Larry Adams JeRy Hom Tom Stewart Patrick Welty Paul St Marie John Arendt Mike Lenahan Mark Johnson Craig Holmer Gary Anderson Brad Bums Audie Tarpley _ ____ _� 38 ' Same Same Same Same Same Same Same Same Same RON JULKOWSKI Building Official Same Same Same Elder Jones Inc 1120 E 80 St Bloomington MN 55420-1498 Paschke Properties PO Box 308 � Rogers MN 55374 Powers Restoration Services inc 680 63 Ave NE Fridiey MN 55432 Progressive Concrete & Masonry lnc 345 Afinrater St Paul MN 55117 Stone Construction Inc 2181 107 Lane NE Blaine MN 55449 � Superior Heating AC & Electric 2132 2 Ave N Anoka MN 55303-2256 Wayne David Construction Inc 7363 Washington Ave S Edina MN 55439 Wills Greg Exteriors 4246 Royce St NE Minneapolis MN 55421 GENERAL CONTRACTOR-RESIDENTIAL Anderson Kevin Exteriors (6058) 6621 157 Ave NW Ramsey MN 55303 Aztec Roofing (20139140) 11583 Rupp Dr Bumsville MN 55337 Eagleview Constn,iction Inc (20076043) 2937 174 Lane NW Andover MN 55304 Five Pillars Contracting (20098641) 4319 3 Street NE Columbia Heights MN 55421 Hams Richard Co (3765) 6200 Riverview Ter NE Fridley MN 55432 John Elder Gerald Paschke Robert Powers Marlin Broberg Jerome Stone Mark Johnson David James Greg Wills Kevin Anderson Bruce Hollingsworth Jim Szyplinski Daniel Griffin Richard Harris � Same Same Same Same Same Same Same Same STATE OF MINN Same Same Same Same Hawkinson D M Home improvement Inc (2325) 4891 Olson Lake Trl Lake Elmo MN 55042 Home Owners Improvement Co (20146454) 9767 Brighton Ln Eden Prairie MN 55347 Lambert Construction (20061962) 12741 Jefferson St NE Blaine MN 55434 Lindsay Jayson Roofing 8� Ext. Inc (2Q172717) 9520 Jackson St NE Biaine MN 55434 MCR Roofing (20063096) 829 20 Ave NE � Minneapolis MN 55418 Manufactured Housing System (6691) 8465 Center Dr NE Spring Lake Park MN 55432 Midwest Cedar Timberoof (20147336) 216 N River Ridge Circle Burnsville MN 55337 Midwest Restoration & Construction Inc (5267) 6319 Hwy 65 Fridley MN 55432 Miller R Constnaction Inc (6354) 5316 Matterhom Dr NE Fridley MN 55421 Mohs Mike Construction Co Inc (5456) 3414 Snelling Ave S Minneapolis Mn 55406 Netko Dan Exteriors (20060494) 4574 58 Ave N #373 Brooklyn Cente� MN 55429 Northern Exposure Exteriors (20173814) 8944 181 Ave NE Forest Lake MN 55025 Panelcraft of Minnesota Inc (2179) 3118 Snelling Ave S Minneapolis MN 55406 Dennis Hawkinson Robert White Mark Lambert Jayson Lindsay Mary Comell Ray Dosdall Bill Ferguson Gary Wruck Ronald Miller Scott Mohs Dan Netko Bruce Conway Marc Heintzman � 1 Same Same Same Same Same Same Same Same Same Same Same Same Same Pheasant Run Construction LLC (20193061) 1109 141 Ave NE Ham Lake MN 55304 Rick's Roofing & Siding Inc (3566) 183 Cleveland Ave SE New Brighton MN 55112 Roncor Construction Inc (2337) 10740 Lyndale Ave S STE 11 E Bloomington MN 55420 Roof Design Partners LLC • 4026 7 Street NE Columbia Heights MN 55421 Sears Home Improvement (20090017) 8823 Zealand Ave � Brooklyn Park MN 55445 Sela Roofing & Remodeling Inc (1050) 4100 Excelsior Blvd St Louis Park MN 55416 Stock Roofing Inc (3112) 3840 205 Lane NW Anoka MN 55303 Titan Construction Inc (20137879) 495 E Wnona St St Paul MN 55107 HEATING Alliance Mechanical Services Inc 1900 Oakcrest Ave STE 1 Roseville MN 55113 Del-Mar Fumace Exchange Inc 4120 83 Ave N Brooklyn Park MN 55443-2500 Foremost Mechanical Corporation 501 W Lawson Ave St Paul MN 55117 Harris Companies 909 Montreal Circle St Paul MN 55102 Kath Heating & Air Cond Co 3096 Rice St Little Canada MN 55113 Glen Maciaszek Richard Longnecker Ronald Baker Steven Lutz Robert Lincoln Paz Sela Wa�ren Stock Ron Detomaso Craig Holmer Del Wischmann John McQuillan Steven Peterson Larry Adams 41 Same Same Same Same Same Same Same Same RON JULKOWSKI Building Official Same Same Same Same Northiand Mechanical Contractors Inc 2900 Nevada Ave N New Hope MN 55427 Royalton Heating & Cooling 4120 85 Ave N Brooklyn Park MN 55443 St Cloud Refrigeration 604 Lincoln Ave NE St Cloud MN 56304 St Marie Sheet Metal Inc • 7940 Spring Lake Park Rd Spring Lake Park MN 55432 Soderlin H O Pibg Htg 8� AC 3612 Cedar Ave S ' Minneapolis MN 55407 Sprigs Plumbing 8� Heating Co 124 Eva Street St Paul MN 55107-9333 Superior Heating AC 8� Electric 2132 2 Ave N Anoka MN 55303-2256 MOBILE HOME INSTALLER Manufactured Housing Systems 8465 Center Dr NE Spring Lake Park MN 55432 PLASTERING Peterson Stucco, Drywall 8� Plastering Inc 12351 Cloud Dr Blaine MN 55449-5453 PLUMBING Fignar Plumbing Co 2844 Johnson St NE Minneapolis MN 55418 Foremost,Mechanical Corp 501 W Lawson Ave St Paul MN 55117 Harris Companies 909 Montreal Circle St Paul MN 55102 Jerry Horn Tom Stewart Patrick Welty Paul St Marie John Arendt Mike Lenahan Mark Johnson Ray Dosdall Brian Peterson Stephen Fignar John McQuillan Steven Peterson � Same �� Same Same Same Same Same STATE OF MINN RON,JULKOWSKI Building� Official STATE OF MINN Same Same K's Mechanical Inc 20880 Nowthen Blvd NW Elk River MN 55330 Northland Mechanical Contractors Inc 2900 Nevada Ave N New Hope MN 55427 Olson Plumbing 931 44 Ave N E Columbia Heights MN 55421 Richfield Plumbing Co . 509 W 77 St Richfieid MN 55423 Rose Plumbing . 1131WCoRdB � Rosevilie MN 55113 Shiloah Water Co 7319 166 Ave NW Ramsey MN 55303 Soderlin H O Plumbing Heating & air Cond 3612 Cedar Ave S Minneapolis MN 55407 Spriggs Plumbing & Heating Co 124 Eva St St Paul MN 55107-9333 Village Plumbing Inc 2999 Yorkton Blvd Little Canada MN 55117-1072 ROOFING Home Owners Improvement Co . 9767 Brighton Ln Eden Prairie MN 55347 Laing Construction Inc 4837 115 Ave NE . Blaine MN 55449 SIGN ERECTOR Lawrence Sign 945 Pierce Butler Route St Paul MN 55104 Signcrafters 7775 Main St NE Fridley MN 55432 David Shook Jerry Horn Doug Olson • David Adeimann Dennis Wagner Ed Dery John Arendt Mike Lenahan Mark Aldridge Robert White Craig Laing Sandy Wolf Mike Lawrance 43 Same Same Same Same Same Same Same Same Same RON JULKOWSKI Building Official Same RON JULKOWSKI Building Official Same - WRECKING Bolander Carl & Sons Co 251 Starkey Street St Paui MN 55107 Timothy Gillen .. RON JULKOWSKI Building Official f ESTI MATES � CITY COUNCIL MEETING OF MAY 8, 2000 CRY OF FRIDLEY Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, Nni t 55110 Services Rendered as City Attomey for the Month of April, 2000 ............................................................ $ 5,000.00 45 0 MEMOR.ANDUM PLANNING DIVISION DATE: May 4, Z000 T0: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director �Scott Hickok, Planning Coordinator SUBJECT: 401 Ironton Street -Revocation of Special Use Permit (SP 4�76-08) On Monday, Apri1 10, 2000, the City Council considered the revocation of Special Use Permit, SP 4�76-08. After much discussion, the.City Council made a motion to hold the hearing open until May 8, 2000. As a separate'action, the Council required that the owner immediately have the tenants in the apartment vacate the second floor. That evening, a letter was prepared for Ms. Willson. The letter was laminated for protection from the weather and then was attached to the entry doors of the ground floor and the second floor units the following day. An identical copy of the letter was sent certified on May 3, 2000. Staff believed that the hand delivered paper copy of the letter and the duplicate laminated copy would be one step better than a certified letter. Ms. Willson claims to have been waiting for the certified copy to begin her response. For the meeting on May 8, 2000, Ms. Willson was to do the following: ° Request an inspection of the Fridley Building Inspection staff. (As of May 4, 2000, she has not.) ° Contact a licensed building professional to do all work necessary to bring the structure to a safe, code-compliant condition. (Response unknown.) ° Obtain building permits for all work required. (No..per�its-�.zeques$ed as of May 4, 2000.) ° Prepare an aggressive repair schedule including benchmarks for repair accomplishments and dates for completion of those accomplishments. (Response unknown.) 46 . _ . 401 Ironton Street May 4, 2000 Page 2 ° Preparation must be made to present plan to City Council on May 8, 2000. Early morning, May 3, 2000, the Fire Department received a call from Jane Barker (tenant on the second floor). Ms. Barker indicated that there were sparks coming from a transformer outside 401"Ironton Street. The issue was contained without damage to the structure. What the call pointed out was that, contrary to the City Council direction of April 10, 2000, Ms. Willson has not had the tenants vacate the apartment. Recommendation Staff recommends the revocation of special use permit SP 4�76-08 in accordance with the finding of �act and recommendation on April 10, 2000, and based on the fact that Ms. Willson has no rental license. City Council should also close the public hearing. sx:is M-00-82 47 �� FRIDLEY �iL'NICIP:�L CENTER • 6431 L'ir"IVERSITY AVE: N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (6l2) 571-1287 April 10, 2000 � Norma Willson & Occupants 401 Ironton Street Fridley; MN 5543�. " SUBJECT: Council Action On Special Use Permit SP #76-08 Dear �is Willson and Occupants: The purpose of this letter is to summarize the City Council's most recent actions relative .. to the special use permit for a rental unit at 401 Ironton. On Nionday, April 10, 2000, the City Council considered revocation of Special Use Permit SP #76-08. After much deliberation, the Council at the advice of the City Attorne��, made a motion requiring immediate vacation of all rental portions of the home at 401 Ironton. This action is to assure the safery and well being of the tenants. This vacation shall include the basement, second floor apartment, and the attic/third floor. Further, the City Council confirmed that no rental license would be issued based on the homes current conditions.� - - - , -- — As for the special per`mit� the Cou�cil beld open th� piiblic hearing on the rev �oc�on :�ntil �„ :- ._ M a y 8, 2 0 0 0. A t t h a t �, i� e C o�cil will review our detailed/�ve pta,n�s x��"�' correcting the piob�ems oii �o�ir `'�; -.�-�.�The _foll � is list of i�wreanet�`ts�„�ti'�' �- _�a , be}ypyy�uired �of �pnor'fa the" May - meeting�`� - '� � - `� `"- `�' ��,� -��- .� f � i F , n : . • You indic�ted�' would like �nother buildi�g mspechon,=you ust sch�dute'�hat,�, - - j,� a ..�;. _ ��5"�--° _�r�_._. __. ��-�� -nf,�,m_._°_<: #rrr�..'��..6,��'"�>��r . mspe�on _`.w�th tht� • You must.contgct-��1 r bring the st�uctime tc�, .. ttz;y. � ,.y • You must pre�are aa _ . ,�.�.� _ ..; -, ��•-� �a �.-�- accomplishinents and dates for completion of those ac You must have a building permit for all work required ,;.. - _ You must be prepared to p__ �� t your plan a the City . _ _ : _ re.sen.:_ . _ . -� nplislurienfs ` - - ` _ . .. - . .-�:=:F�;r'_' Nornia Willson April 10, 2000 PAGE 2 } :. . • You must present your plan to the City Council on May 8, 2000 A certified letter will be sent to your address defining your responsibilities relative to the continuation of the public hearing. Please have all tenants out of this building immediately to assure their safety and to avoid legal action. If you have any questions, please contact me at 763-�72-3599. , .,. �...r....,.. ing Coordinator 70 .a ,�, . :�; r - �� _ _ t. _ ' ,�, ¢�� .� 5 � ��...� �� _ ,, 4 , _ �� = v :� _ �,�� -� � � . _ ,,�� ' ��y - r - - " � -��' �:� . f . - . �: .'f � - � � � �. <^ : e- . . • —. .- - _ -� �F �� ar . . . .. . . - } -. . � �..'�,F. � � �+ Y �—°-'r x �. . . . - � . � ''�r � � `j0. . . . . . , - ' .-, i 'L. . � . . . "" . �' �-. 5e- , �� . :.t' �s s � .',' . - - . . - — .,• ._ - - .� ..._,.� ��-.�_ � � CffY OF FRtDLEY To: From AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 � William W. Burns, City Manager�� Barbara Dacy, Community Development Director Date: May 3, 2000 Subject: PublicHearing on Comprehensive Plan Draft REQUESTED COUNCIL ACTION A public hearing has been scheduled on Monday evening for the City Council to hear any additional comments about the draft of the Comprehensive Plan. The City Council is not approving the plan, it is mErely soliciting comment and authorizing staff to submit it to the MetropAlitan Council to initiate its formal review. PLANNING COMMISSION ACTION On Apri15, 2000, the Planning Commission conducted the second public hearing on the draft of the Comprehensive Plan. Discussed at the meeting were the changes to the draft since the first public hearing on December 15, 2000. Enclosed in the Council's weekend packet are copies of the Implementation chapter, the revised Parks, Trails, and Onen Space Chanter, proposed additions to the Land Use Chapter (new "Community _ Livabilitv" section and text chan�es in the redevelopment area section), and the pronosed lan�ua�e on aviation issues to be included in the Transportation Chapter. MET COUNCIL REVIEW The Met Council completed an informal review of the plan draft submitted on December 31, 1999, and has provided an initial set of comments. The purpose the review was to determine if more information was needed for the Met Council's "formal" review period. In general, the Met Council felt that the housing, land use, transportation, and water supply chapters were complete for review. Additional detailed information was requested about sanitary sewer service areas and information about the "Critical Area" along the Mississippi River. Staff is working with the consultant to complete the information requested, and upon conclusion of the City Council's hearing Monday, an updated draft will be sent to the Met Council for initiation of its formal review. 50 IMPLEMENTATION CHAPTER The primary tool to implement the plan is amending the zoning ordinance or rezone property to match the land uses identified in the "Future Land Use Plan". No land use changes are proposed in the current draft that would require rezoning of parcels. State Law requires conformance between the plan and the zoning ordinance if the Plan proposes a change. The Plan suggests additional research in certain areas of the City prior to any zoning actions by the Ciry. In addition to amending zoning and subdivision ordinance, the other major tools for implementation will be the annual rnunicipal budget, capital improvement program, and the Housing and Redevelopment Authority programs. The City Council must weigh a number of other external issues when making these decisions, such as legislative mandates or changes in property tax laws or local government aids. The intent of the Implementation Chapter however is to provide a general feel for how the City will implement the visions identified in various parts of the Plan. As I have mentioned before, the plan should be regularly amended to keep cunent with issues as they may change. PARKS AND RECREATION Since the Park and Recreation Commission review in December, staff has had more time to evaluate the City's bikeway walkway system and recommend additional segments/improvements. Two sets of "priorities" are recommended. The attached draft contains additional text as to where these segments are and why they are important (a color map is also provided). Jack Kirk and I have collaborated on these recommendations. Also included in the revision is a section on the Springbrook Nature Center, which was recommended for inclusion by the Planning Commission. The recommendations for additional improvements to the bikeway/walkway system are based on the following goals: • To promote bikeways and walkways as an alternative form of transportation other than the automobile � To access transit stations or bus stops • To provide better "connections" to the Nature Center, park areas, major land uses and other gathering spaces in the City • To provide off-street systems whenever possible to promote safe access to destinations • To connect with regional trail systems in adjacent communities and to provide continuous routes through the Ciry • To provide an exceptional recreational system for Fridley residents and employees 51 WHAT'S MISSING? Staff has focused on completing the state law required elements for the plan. The Human Resources Chapter has not been completed. This must be done by staff since it was not included in the original authorization for the consultant contract. There was also a suggestion to include discussion of telecommunication issues in the plan. This is a very worthwhile addition, but it deserves some amount of time and attention. These two elements will hopefully be concluded as a separate plan amendment in the near future. ANTICIPATED COMMENTS Automotive Recycling Centers Owners of the existing auto recycling centers on 73`d Avenue may appear and object to the statement in the Land Use Chapter for Redevelopment Area # 1 that the "salvage yards" should be redeveloped. It is understood that automotive recycling centers offer a unique service to the community at large; however, the inefficient land usage, visual impacts, and envirorimental concerns near a residential area suggest that consideration of an alternative land use is appropriate for the subject location. Because the City has little vacant land left for new manufacturers, it is appropriate to consider outdoor intensive uses for redevelopment for typical industry or warehouse uses. RECOMMENDATION The City Council should conduct the public hearing. Unless otherwise directed, staff will then forward the draft to the Met Council to initiate its formal review. 11 :1 52 CITY OF FRIDLEY CITY COUNCIL AGENDA MAY 8, 2000 To: William W. Burns, City Manager� From Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: May 5, 2000 Re: Public Hearing — Reqt►est For Intoxicating Liquor License K.J.'s Restaurant & Bar, 8298 University Avenue Kenneth and Delores Steies have applied for an Intoxicating Liquor License for a business to be called K.J.'s Restaurant and Bar located at 8298 University Avenue NE (the former Moose Lodge site). The Steies' have a Purchase Agreement with the Moose Lodge to purchase the property upon approval of the license. Fridley City Code requires that a public hearing be held before issuing a license. Attachment 1 is the public hearing notice for K.J.'s. The application was forwarded to the Police Department for the required background investigation. Based on the investigation, Public Safety Director Sallman has found no reason to deny this request. Attachment 2 is the memorandum prepared by Director Sallman for your information. Staff recommends holding a public hearing regarding issuance of a proposed intoxicating liquor license. 53 Attachment 1 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue NE on May 8, 2000 at 7:30 p.m. on the question of iss�ing an Intoxicating Liquor License to K.J.'s Restaurant and Bar for the property located at 8298 University Avenue NE. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572- 3500 no later than May 5, 2000. � Anyone having an interest in this matter should make their interest known at fhis-public hearing. Debra A. Skogen City Clerk Posted: Apri127, 2000 54 � ��,. � r �� /% _-,.; �\\ �,, �1�iu�� ``��:�`�. ;' ,� � �?��► ` � Attachment 2 Fridley Police Department Memorandum To: William W. Burns From: Dave Sallman Date: May 3, 2000 Re: K. J.'s Liquor License Attached is the background investigation concerning the proposed liquor license by Kenneth and Delores Steies. Based upon the police calls for service at the establishments owned previously by the Steies, staff would recommend approval of the license. The total for about five years in Blaine does not approach the history of the current owner of Shar�c and Council approved that license, so it would be difficult for me to recommend denial on that basis. A yearly average of the "KJ's establishment at Blaine is considerably less than the current calls for service history at Sharx. There are several issues of which the Council should be made aware concerning the Steies' previous establishments. -In 1998 the Steies were denied a liquor license by the City of Spring Lake Park with the reasons given as police call history in Blaine and proximity to a Senior living complex at the proposed location. It should be noted that the proposed location in Fridley : (8298 University Ave. NE) is across the street from `Banfill Crossing-a senior apartment complex). -There was a complaint in 1995 at the Blaine location concerning "illegal gambling machines. An out of court settlement was reached with the State Gambling Enforcement Division and there was no criminal record resulting from the complaint. -Several cities in which the Steies were licensed described the KJ's establishments as catering to a"rough" and "biker" crowd. The Steies described their market as "blue collar" people ages 30 to 80. -The application for a liquor license did not include an establishment located at 2300 University in Minneapolis from September of 1991 to April of 1992. Mr. Steies informed the investigator that he forgot to put it on the application. We have requested information from Minneapolis concerning any issues at that location and would recommend that any final decision concerning this license be postponed until we are able to provide that information. In conclusion it would appear that the Steies previous locatioris tend to have a negative reputation as being "tough" , but the police calls historically are not unusually high. It is always possible that management does not call the police to deal with problems but our experience has been that if there are serious issues, they get to us anyway. 55 � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 William W. Burns, City Manager �� John G. F1ora,�ublic Works Director Jon H. Haukaas, Assistant Public Works Director May 8, 2000 Right-of-Way Ordinance Revision PW00-053 As a result of the Public Utilities Commission (PUC) and League of Minnesota Cities (LMC) publishing their rules and model ordinance pertaining to management of the right-of-way, we have revised the City's Chapter 407 entitled "Right-of-Way ManagemenY' and Chapter 11 "General Provisions and Fees" to bring our ordinance into compliance and model. The public hearing was conducted on the revisions at the April 10, 2000 meeting. The first reading was held on April 24, 2400. Recommend the City Council approve the second reading of the ordinance and order publication of the official title and summary. JGF:cz Attachments 56 ORDINANCE NO. AN ORDINANCE REVISING CBAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND AMENDING CFiAPTER 11 OF TAE FRIDLEY CITY CODE, ENTITr.Fn "GENERAI� PROVISIONS AND FEES" THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 407.01. FINDINGS AND PURPOSE 1. To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the public rights-of-way, the City strives to keep its public rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the public rights- of-way, a pri�nary cause for the early and excessive deterioration of its public rights-of-way is frequent excavation by persons whose equipment or facilities are located therein. Public right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment or facilities is located within the public right-of-way are the primary cause of these frequent obstructions. The City holds the public rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the public rights-of-way. It also recognizes that some persons, by placing their equipment or facilities in the public right-of-way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. As a result of all these intrusions in the public right-of-way, it is appropriate for the City to establish a system of documenting what is placed in the public rights-of-way within its municipal boundaries to inform its citizens and the other public entities of the equipment or facilities that have been placed in the right-of-way that is held in trust for them. 2. In response to the foregoing facts, the City hereby enacts this Chapter of the City Code relating to right-of-way permits and administration, together with making necessary revisions to other Code provisions. This Chapter imposes reasonable regulations on the placement and maintenance of facilities and equipment 57 � currently within the City's public rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this Chapter, persons disturbing and obstructing the public rights-of- way will bear the financial responsibility for their work. Finally, this Chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81 and 238.086 (the "Act") and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistently with Minnesota Rules Part 7819.0050 - 7819.9950 where �possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. 3. In addition to the foregoing recovery of costs and regulation of use, the City Council determines that there is an existing and legitimate state and local public policy, which authorizes the City to require payments as reimbursement or return to the public for the use value of the public rights-of-way from those who obtain revenue or profits from such use. This reimbursement is provided for and defined in this ordinance as the "user fee." This fee does not apply to the repair, replacernent or_ reconstruction of an existing facility. Telecommunication facilities are exempt from a user fee by state statute. a. Public Interest and Welfare. The City Council finds that it is in the public interest to provide for the payment of a user fee by all persons who use and occupy the right-of-way for operating their businesses. This provides equity by requiring all users of the public right-of-way to pay compensation apportioned equally among them all for the value and benefit of using such public right-of-way. To ensure such fair treatment, this Chapter exempts franchise holders which pay franchise fees to the City on the date of adoption of this Chapter from the payment of a user fee. b. Not a Rate. The City Council finds and determines that the user fee authorized by this Chapter is not and is not intended to be a rate as that term is defined in Minn. Stat. § 216B.02, Subd. 5. Such user fee is not a fee for a service that.is provided to the customer of a person using the public right-of-way, but is rather a fee paid for the right of that person to operate in the public right-of-way, and to maintain the equipment in the public right- of-way in the City of Fridley. 58 2 407.02. DEFINITIONS The following definitions apply in this Chapter of this Code. Reference hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. a. "Abandoned facility" means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. b. "Applicant" means any Person requesting permission to excavate or obstruct a right-of-way. c. "City" means the City of Fridley, Minnesota. For purposes of section 407.27, City means its elected officials, officers, employees and agents. d. "Commission" means the state Public Utilities Commission. e. `�Congested right-of-way" means a crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new - underground facilities without using hand digging to expose the exist.ing lateral facilities in conformance with Minnesota Statutes, Section 216D.04, Subdivision 3, over a continuous length in excess of 500 feet. f. "Construction Perfo=:nance Bond" means any of the following forms of security provided at permittees option: Individual project bond (1) Cash deposit (2) Security of a form listed or approved under Minn. Stat. Sec. 15.73, sub. 3 (3) Letter of Credit, in a form acceptable to the City (4) Self-insurance, in a form acceptable to the city (5) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. g. "Degradation" means a decrease in the useful life of the Right-of-Way caused by excavation in or disturbance of the Right-of-Way, resulting in the need to reconstruct such Right-of-Way earlier than would be required if the excavation did not occur. 59 3 ■ h. "Degradation Cost" means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown in plates l to 13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950. i. "Degradation Fee" means the estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the Right-of-Way caused by the excavation, and which equals the Degradation Costs. j. "Department" means the Department of Public Works of the City. . k. "Department inspector" means any Person authorized by the City to carry out inspections related to the provisions of this Chapter. 1. "Director" means the Director of the Department of Public Works of the City, or the Director's designee. m. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as establish by permit. n. "Emergency" means a condition that (1) poses: a clear and immediate danger to life or health, or of a signifi`cant loss of property; or (2) requires immediate repair or replacement of Facilities in order to restore service to a customer. o. "Equipment" means any tangible assect used to install, repair, or maintain Facilities in any Right-of-Way. p. "Excavate or excavation" means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. q. "Excavation Permit" means the permit which, pursuant to this Chapter, must be obtained before a Person may excavate in a Right-of-Way. An Excavation Permit allows the holder to excavate that part of the Right-of-Way described in such permit. r. "Excavation Permit Fee" means money paid to the City by an Applicant to cover the costs as provided in Chapter 11 of this Code. s. "Facility or Facilities" means any tangible asset in the Right-of-Way required to provide Utility Service. t. "Five-year project plan" shows projects adopted by the city for construction within the next five years. 6� 4 u. "High density corridor" means a designated portion of the public right-of-way within which telecommunications right- of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. v. "Hole" means an excavation in the pavement, with the excavation having a length less than the width of the pavement. w. "Local Representative" means a local person or persons, or designee of such Person or Persons, authorized by a Registrant to, accept Service and to make decisions for that Registrant regarding all matters within the scope of this Chapter. x. "Management Costs" means the actual costs the City incurs in mana,ging its Rights-of-Way, including such costs, if incurred, as those associated with registering Applicants; issuing, processing, and verifying Right-of-Way permit applications and inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. Management- costs do not include payment by a Telecommunications Right-of-way User for the use of the right-of-way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to Section 407.29 of this chapter. y. "Obstruct" means to place any tangible object in a Right- of-Way so as to hinder free and open passage over that or any part of the Right-of-Way for a period in excess of 8 consecutive hours. z. "Obstruction Permit" means the permit which, pursuant to this Chapter, must be obtained before a Person may obstruct a Right-of-Way, allowing the holder to hinder free and open passage over the specified portion of that Right-of-Way for a period over 8 hours by placing Equipment described therein on the Riqht-of-Way for the duration specified therein. aa. "Obstruction Permit Fee" means money paid to the City by a Permittee to cover the costs as provided in Chapter 11 of this Code. 61 5 bb. "Patch or Patching" means a method of pavement replacement that is temporary in nature. A Patch consists of (1} the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A Patch is considered full Restoration only when the pavement is included in the City's five year project plan. cc. "Pavement" means any type of improved surface that is within the public riqht-of-way and that is paved or otherwise constructed with asphalt, concrete, aggregate or gravel. dd. "Permittee" means any Person to whom a permit to Excavate or Obstruct a Right-of-Way has been granted by the City under this Chapter. ee. "Person': means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate or political. ff. "Probation" means the status of a Person that has not complied with the conditions of this Chapter. gg.- "Probationary Period" means one year from the date that a Person has been notified in writing that they have been put on Probation. hh. "Repair" means the temporary construction work necessary to :nake the Right-of-Way useable for travel. ii. "Registrant" means any Person who (1) has or seeks to have its Equipment or Facilities located in any Right-of-Way, or (2) in any way occupies or uses, or seeks to occupy or use, the Right-of-Way or place its Facilities in the Right-of- Way. jj. "Registration fee" means money paid to the city by a Registrant to cover the cost associated with registration. kk. "Restore or Restoration" means the process by which an excavated Right-of-Way and surrounding area, including pavement and foundation is returned to the same condition and life expectancy that existed before excavation. 11. "Restoration Cost" means the amount of money paid to the City by a Permittee to achieve the level of restoration according to plates 1 to 13 to PUC rules mm. "Right-of-Way or Public Right-of-Way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City has an 62 6 interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A Right-of-Way does not include the airwaves above a Right- of-Way with regard to cellular or other nonwire telecommunications or broadcast service. nn. "Right-of-Way Permit" means either the Excavation Permit or the Obstruction Permit, or both, depending on the context, required by this Chapter. oo. "Right-of-way user" means (1) a telecommunications right- of-way user as defined by Minnesota Statutes, section 237.162, subdivision 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. pp. "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; (2) services at a telecommunicators right-of-way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. Chap. 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association : organized under Minnesota Statutes, Chapter 308A; and (6) water, sewer, steam, cooling or heating services. qq. "Supplementary Application" means an application made to Excavate or Obstruct more of the Right-of-Way permitted or to extend a permit that had already been issued. rr. "Telecommunication Rights-of-Way User" means a Person owning or controlling a Facility in the Right-of-Way, or seeking to own or control a Facility in the Right-of-Way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter, a cable communication system defined and regulated under Minn. Stat. Chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Section 216B.02 a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not Telecommunications Right-of-Way Users for purposes of this Chapter. ss. "Temporary surface" means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of 63 � pavement included in the city's two-year plan, in which case it is considered full restoration. tt. "Trench" means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. uu. "Two year project plan" shows projects adopted by the City for construction within the next two years. vv. "Unusable or Unused Equipment and Facilities" means Equipment and Facilities in the Right-of-Way which have remained unused for one year and/or for facilities that are not registered or located by Gopher One Call or for which the Registrant is unable to provide proof that"it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the Equipment or Facilities. ww. "User Fee" is the sum of money, payable to the City, by a person using or �occupying the Right-of-Way; provided, however, that the City may at its option provide, at any time by ordinance or by amendment thereto, for a greater or different fee applicable to all such persons in an amount and by a method of determination as may be further provided in such ordinance or amendment thereto. 407.03.'ADMINISTRATION 1. Responsibility. The City Manager is the principal City official responsible for the administration of the Rights-of-Way, Right-of-Way Permits, and the ordinances related thereto. The City Manager may delegate any or all of the duties hereunder. 2. Franchise: Franchise Supremacy. The City may, in addition to the requirements of this Chapter, require any person which has or seeks to have equipment located in any Right- of-Way to obtain a franchise to the full extent permitted by law now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Chapter whether granted prior or subsequent to enactment of this Chapter, shall control and supercede the conflicting terms of this Chapter. All other terms of this Chapter shall be fully applicable to all Persons whether franchised or not. 407.04. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the public Right-of-Way or place any Equipment or Facilities in the Right-of-Way, including Persons with installation and maintenance responsibilities 64 s _ by lease, sublease or assignment, must register with the City. Registration will consist of providing application information and paying a registration fee. 2. Registration Prior to Work. No Person may construct, install, repair, remove, relocate, or perform any other work on, or use any Equipment or Facility or any part thereof in any Right-of-Way without first being registered with the City. 3. Exceptions. Nothing herein shall be.construed to repeal or amend the provisions of a City ordinance permitting Persons to plant or maintain boulevard plantings or gardens in the area of the Right-of-Way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the Right-of-Way, and shall not be required to obtain any permits for planting or maintaining such boulevard plantings or gardens under this Chapter. However, nothing herein relieves a Person from complying with the provisions of the Minn. Stat. Chapter. 216D, "One call" Law. SECTION 407.05. REGISTRATION INFORMATION 1. Information Required. The information provided to the City at the time of registration shall include, but not be limited to: a. Each Registrant's name, Gopher One-Call registration certificate number, address and E-mail address if applicable, and telephone and facsimile numbers. b. The name, address and E-mail address, if applicable, and telephone and facsimile numbers of a Local Representative. The Local Representative or designee shall be available at all times. Current information regarding how to contact the Local Representative in an Emergency shall be provided at the time of registration. c. A certificate of insurance or self-insurance acceptable by the city: 1. Verify that an insurance policy has been issued to the Registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the City; 2. Verifying that the Registrant is insured against claims for Personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the Right-of-Way by the Registrant, its officers, agents, employees and 65 9 Permittees, and (ii) placement and use of Facilities in the Right-of-Way by the Registrant, its officers, agents, employees and Permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground Facilities and collapse of property; 3. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom def�nse will be provided as to all such coverages; 4. Requiring that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; � 5. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation �- an� umbrella coverage established by the City in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this Chapter. d. The City may require a copy of the actual insurance policies. e. If the Person is a corporation, a copy of t:he certificate required to be filed under Minn. Stat. § 300.06 as recorded and certified to by the Secretary of State. f. A copy of the Person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the Person is lawfully required to have such certificate from said Commission or other state or federal agency. 2. Notice of Changes. The Registrant shall keep all of the information listed above current at all times by providing to the City information as to changes within fifteen (15) days following the date on which the Registrant has knowledge of any change. 3. Grant of Right; Payment of User Fee. Any person required to register under Section 407.04, which furnishes utility services or which occupies, uses, or places its equipment in the public right-of-way, is hereby granted a right to do so if and only so long as it (1) timely pays the user fee as provided herein, and (2) complies with all other requirements of law. This legal entitlement shall not include use of the right-of-way for purposes not in furtherance of furnishing utility services for which additional 66 io authorization is required by this Code or other state or federal law, unless the person pays the user fee for such non-utility service use. The user fee reflects the value of the right-of-way needed for new facilities and is based on the average market value of the land, adjusting for the cost of acquisition and non-exclusive use. The dimensions of the occupied land shall incorporate the Gopher One Call criteria of 2-foot clearance on all sides. Such fee shall be paid to the City in substantially equal (quarterly, semi-annual, annual) installments, subject to adjustment and correction at the conclusion of the calendar year. Such fee shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time period in which the said person .uses or occupies the right-of-way to furnish utility serviced, or places, maintains or uses its wires, mains, pipes, or any other facilities or equipment in the right-of-way. This section does not apply to a person which uses and occupies the right-of-way for operating its business when there is a pre-existing franchise agreement between that person and the.city and the payment of a franchise fees, nor does it apply to the repair, replacement or reconstruction of an existing facility. The grant of such right is expressly conditioned on, and is subject to, continuing compliance with all provisions of law, including this Chapter. 407.06. REPORTING OBLIGATIONS 1. Operations. Each Registrant proposing to work in the city shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground Facilities with the City. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate the coordination and reduction in the frequency of Excavations and Obstructions of Rights-of-Way. The plan shall include, but not be limited to, the following information: a. The locations and the estimated beginning and ending dates of all Projects to be commenced during �the next calendar year (in this section, a"Next-year Project"); and b. To the extent known, the tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five-year Project"). The term "project" in this section shall include both Next-year Projects and Five-year Projects. 67 �� By January 1 of each year the City will have available for inspection a composite list of all Projects of which the City has been informed in the annual plans. All Registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each Registrant may change any Project in its list of Next-year Projects, and must notify the City and all other Registrants of all such changes in said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project of another Registrant listed by the other Registrant. 2. Additional Next-year Projects. �• _ . Notwithstanding the foregoing, the City will not deny an application for a Right-of-Way Permit for failure to include a project in a plan submitted to the City if the Registrant has used commercially reasonable efforts to anticipate and plan for the project. 3. Applicants obtaining Anoka County Highway or Minnesota Department of Transportation excavation permits for facilities in their rights-of-way within the corporate limits of the City must provide a copy to the City and submit a copy of the plans with mapping data for recording purposes per Section 407.21. SECTION 407.07. PERMIT REQUIREMENT 1. Permit Required. Except as otherwise provided in this Code, no Person may Obstruct or Excavate any Right-of-Way without first having registered and obtained the appropriate Right-of-Way Permit from the City to do so. a. Excavation Permit. An Excavation Permit is required to excavate that part of the Right-of-Way described in such permit and to hinder free and open passage over the specified portion of the Right-of-Way by placing equipment or facilities described therein, to the extent and for the duration specified therein. Multiple excavations limited to 600 feet are considered one project and require an excavation permit. Each permit application will require the mapping data per Section 407.21. b. Obstruction Permit. An Obstruction Permit is required to hinder free and open passage over a specified portion of Right-of-Way for periods in excess of 8 consecutive hours by placing Equipment described therein on the Right-of-Way, to the extent and for the duration specified therein. 68 _ 12 An Obstruction Permit is not required if a Person already possesses a valid Excavation Permit for the same project. Failure to obtain an obstruction permit prior to the obstruction will require an after-the-fact obstruction permit plus payment of a delay penalty. c. Permit Waiver In the event of a major catastrophe or emergency declared by the City requiring the restoration of services that are within the right-of-way, the requirement for permits and permit fees may be waived by the City at its discretion. After restoration of the service has been completed, an updated mapping plan per 'Section 407.21 must be submitted tc the City within 60 days. 2. Permit Extensions. No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates specified in the permit unless such Person (i) makes a Supplementary Application for another Right-of-Way Permi.t before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. 3. Delay Penalty. Notwithstanding subd. 2 of this section, the City shall establish and impose a Delay Penalty for unreasonable delays not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable in Right-of-Way Excavation, Obstruction, Patching, or Restoration. The Delay Penalty shall be established from time to time by City Council resolution and shall include any delay or damages charged by the City's construction contractor and may include liquidated damages consistent with the contract. 4. Permit Display. Permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City. SECTION 407.08. PERMIT APPLICATIONS Application for a permit is made to the City. Right-of-Way Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions. a. Registration with the City pursuant to this Chapter; b. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed Facilities. 69 _13 c. Payment of money due the City for 1. permit fees, estimated Restoration Costs and other Management Costs; 2. prior Obstructions or Excavations; 3. any loss, damage, or expense suffered by the City because of Applicant's prior excavations or Obstructions of the rights-of-way or any Emergency actions taken by the City; 4. franchise or user fees, if applicable. .. -- � d: Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least 110$ of the amount owing. e. When an .Excavation Permit is requested for purposes of installing additional Facilities, and the posting of a Construction Performance Bond for the additional Facilities is insufficient, the posting of an additional or larger Construction Performance Bond for the additional Facilities may be required. SECTION 407.09. ISSUANCE OF PERMIT; CONDITIONS 1. Permit Issuance. If the Applicant has satisfied the requirements of this Chapter, the City shall issue a permit. _ 2. Conditions. The City may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant thereunder to protect the health, safety and welfare or when necessary to protect the Right-of- Way and it�s current use. SECTION 407.10. PERMIT FEES 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the City in an amount sufficient to recover the following costs: a. the City Management Costs; b. Mapping Costs; c. Degradation Costs, if applicable. 7� 14 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be in an amount sufficient to recover the City Management Costs associated with recording and inspecting the right-of-way obstruction. 3. Payment of Permit Fees. a. No Excavation Permit or Obstruction Permit shall be issued without payment of Excavation or Obstruction Permit Fees. The City may allow Applicant to pay such fees within thirty (30) days of billing. b. The mapping portion of the excavation feeg is waived if the mapping data provided to the City is in GIS compatible and City format. 4. Non refundable. Permit fees that were paid for a permit that the City has revoked for a breach as stated in Section 407.20 are not refundable. 5. Application to franchises. Unless otherwise specified to in a franchise, management costs may be charged separately from and in addition:to the franchise fees imposed on a right-of-way user in the franchise. 6. Waiver of Fees. Payment of fees, as identified in this Chapter, with the exception of restoration costs, for water and/or sanitary sewer connections to property in the city are waived. However Registration and the Right- of-way Permit application must be submitted and approved by the city prior to commencement of any work. SECTION 407.11. RIGHT-OF-WAY PATCHING AND RESTORATION 1. Timing. The work to be done under the Excavation Permit, and the Patching or Restoration of the Right-of-Way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the Permittee or when work was prohibited as unseasonal or unreasonable under Section 407.14. 2. Patch and Restoration. Permittee shall Patch its own work. The City may choose either to have the Permittee restore the Right-of-Way or to Restore the pavement itself. 71 15 a. City Restoration. If the City restores the pavement, Permittee shall pay the costs thereof within thirty (30) days of billing. If, during the twenty-four (24) months following such Restoration, the pavement settles due to Permittee's improper backfilling, the Permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. b. Permittee Restoration. If the Permittee Restores the Right-of-Way itself, the City may require at the time of application for an Excavation Permit the posting of a Construction Performance Bond in an amount determined by the City to be sufficient to cover the cost of Restoration in accordance with the provisions of Minnesota Rules 7819.3000. If, within twenty-four (24) months after completion of the Restoration of the Right-of-Way, the City determines that the Right-of-Way has been properly Restored, the surety on the Construction Performance Bond shall be released. 3. Standards. The Permittee shall perform Excavation Patching and/or Restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. The City shall have the authority to prescribe the manner and extent of the Restoration, and may do so in written procedures of general application or on a case-by-case basis. Methods of restoration may include, but are not limited to, patching, replacement of the right-of-way base, and milling and overlay of the entire area of the right-of-way affected by the work. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee upon notification from the City, shall correct all restoration work to the extent necessary, using the method required by the City. Said work shall be - completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 407.14. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restorations required by the city, the city as an option, may do such work. In that event, the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. 4. Guarantees. By choosing to Restore the Right-of-Way itself, the guarantees its work and shall maintain it for twenty-four following its completion. During this 24-month period it notification from the City, correct all restoration work to 72 16 Permittee (24) months shall, upon the extent necessary, using• the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 407.14. 5. Obligation. Construction triggers an obligation of the right-of-way user that the right-of-way restoration be completed according to the conditions set forth in this Chapter. The right-of-way user also assumes responsibility for "as built" drawings and for repairing facilities or structures, including right-of-way that was damaged during facility installation. The obligation is limited to one year for plantings and turf establishment. 6. Failure to Restore. If the Permittee �ails to Restore the Right-of-Way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all Restoration required by the City, the City at its option may do such work. In that event the Permittee shall pay to the City, within thirty (30) days of billing, the cost of Restoring the Right-of-Way. If Permittee fails to pay as required, the City may exercise its rights under the Construction Performance Bond. 7. Degradation Cost in Lieu of Restoration. In lieu of Right-of-Way Restoration, a Right-of-Way user may elect to pay a Degradation Fee with the approval of the City. However, the Right-of-Way User shall remain responsible for Patching and the Degradation Fee shall not include the cost to accomplish these responsibilities. SECTION 407.12. JOINT APPLICATIONS 1. Joint Application. Registrants may jointly apply for permits to Excavate or Obstruct the Right-of-Way at the same place and time. 2. With City Projects. Registrants who join in a scheduled Obstruction or Excavation performed by the City, whether or not it is a joint application by two or more Registrants or a single application, are not required to pay the Obstruction and Degradation portions of the permit fee. An excavation permit application however must be completed. In these circumstances, the excavation fee will be waived. Mapping data must be provided per Section 407.21. 73 �� 3. Shared Fees. Registrants who apply for permits for the same Obstruction or Excavation, which the City does not perform, may share in the payment of the Obstruction or Excavation Permit Fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. SECTION 407.13. SUPPLEMENTARY APPLICATIONS 1. Limitation on Area. A Right-of-Way Permit is valid only for the area of the Right-of-Way specified in the permit. No Permittee may obstruct or do any work outside the area specified in the permit, except as provided herein. Any Permittee which determines that an area greater than that specified in the permit must be Obstructed or Excavated must before working in that greater area (i) make application for a permit extension and pay�•any additional fees required thereby, and (ii) be granted a new permit or permit extension. 2. Limitation on Dates. A Right-of-Way Permit is valid only for the dates specified in the permit. No Permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a Permittee does not finish the work.by:the-permit end date,: it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This Supplementary Application must be approved before the initial permit end date. SECTION 407.14. OTHER OBLIGATIONS 1. Compliance With Other Laws. Obtaining a Right-of-Way Permit does not relieve Permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A Permittee shall comply with all requirements of local, state and federal laws, including Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System"). A Permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the Right-of-Way pursuant to its permit, regardless of who does the work. 2. Prohibited Work. Except in an Emergency, and with the approval of the City, no Right- of-Way Obstruction or Excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. 74 _ ia 3. Interference with Right-of-Way. A Permittee shall not so Obstruct a Right-of-Way that the natural free and clear passaqe of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the Right-of-Way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. SECTION 407.15. DENIAL OF PERMIT The City may deny a permit for failure to meet the requirements and conditions of this Chapter or if the City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the Right-of-Way and its current use. 1. Mandatory Denial. Except in an emergency, no right-of-way permit will be granted. a. To any person required to be registered who has not done so; b. To any person required to file an annual report but has failed to do so; c. For any next-year project not listed in the construction and major maintenance plan required under this chapter; d. For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the preceding five (5) years; e. To any person who has failed within the past two (2) years to comply, or is presently not in full compliance, with the requirements of this Chapter; f. To any person who has outstanding debt owed to the City; and g. To any person as to whom there exists grounds for the revocation of a permit. 2. Permissive Denial. The City may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, would cause a conflict or � interfere with an exhibition, celebration, festival, or any other event, or when necessary �o protect the right-of-way and its users. The City may consider one or more of the following factors: a. the extent to which right-of-way space where the permit is sought is available; 75 19 - b. the competing demands for the particular space in the right-of-way; c. the availability of other locations in the right-of-way or in other rights-of-way for the equipment or €acilities of the permit applicant; d. the applicability of ordinance or other regulations of the right-of-way that affect location of equipment or facilities in the right-of-way; e. the degree of compliance of the applicant with the terms and conditions of its franchise, this Chapter, and other applicable ordinances and regulations; f. the degree of disruption to surrounding neighborhoods and businesses that will result from the use of that part of the right-of-way; g. the condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; and h. the balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way. 3. Discretionary Issuance. Notwithstanding the provisions of this Section subd. 1, the City may issue a permit in any case where the permit is necessary (a) to prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow such customer to materially improve its utility service, or (c) to allow a new economic development project, or otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of Next-year Projects. 4. Permits for Additional Next-year Projects. Notwithstanding the provisions of this Section subd. 1 above, the City. may issue. a permit to a registrant who was allowed under Section 407.07 Subd. 2, to submit an additional Next-year Project, such permit to be subject to all conditions and requirements of law, including such conditions as may be imposed under Section 407.09. SECTION 407.16. INSTALLATION REQUIREMENTS The excavation, backfilling, patching, repair, and restoration, and all other work performed in the Right-of-Way shall be done in conformance with Engineering Standards adopted by the PUC or other 76 ao applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes Secs. 237.162 and 237.163. SECTION 407.17. INSPECTION 1. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a Completion Certificate in accordance with Minnesota Rule 7819.1300. Unless waived by the city, a person designated by the right-of-way user as a responsible employee shall sign a completion certificate showing the completion•.date for the work performed, identifying the installer and designer of record, and certifying that work was completed according to the requirements of the city. If necessary due to approved changes for the work as projected when the permit was applied for, the permittee shall submit "as built" drawings or maps within six months of completing the work, showing any deviations from the plan that are greater than plus or minus two feet. The city shall respond within 30 days of receipt of the completion certificate. Failure to approve or disapprove the permittee's performance within 30 days is deemed to be approval by the city. 2. Site Inspection. Permittee shall make the work-site available to the City and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 3. Authority of City. a. At the time of inspection the City may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. b. The City may issue an order to the Permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the Permittee shall present proof to the City that the violation has been corrected. If such proof has not been presented within the required time, the City may revoke the permit pursuant to Section 407.20. 77 21 SECTION 407.18. WORK DONE WITHOUT A PERMIT 1. Emergency Situations. Each Registrant shall immediately notify the City of any event regarding its Facilities which it considers to be an Emergency. The Registrant may proceed to take whatever actions are necessary to respond to the Emergency. Within two business days after the occurrence of the Emergency the Registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring. itself into c�mpliance with this Chapter for the actions it took in response to the Emergency. If the City becomes aware of an emergency regarding a Registrant's Equipment or Facilities, the City will attempt to contact the Local Representative of each Registrant affected, or potentially affected by the Emergency. In any event, the City may take whatever action it deems necessary to-respond to the Emergency, the cost of which shall be borne by the Registrant whose Facilities occasioned the Emergency. 2. Non-Emergency Situations. Except in an Emergency, any Person who, without first having obtained the necessary permit, Obstructs or Excavates a Right-of-Way must subsequently obtain a permit, and as a penalty pay double.the normal fee for said permit, pay double all the other iees required by. the - Legislative Code, deposit with the City the fees necessary to correct any damage to the Right-of-Way and comply with all of the requirements of this Chapter. SECTION 407.19. SUPPLEMENTARY NOTIFICATION If the Obstruction or Excavation of the Right-of-Way begins later or ends sooner than the date given on the permit, Permittee shall notify the City of the accurate information as soon as this information is known. SECTION 407.20. REVOCATION OF PERMITS 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any Right- of-Way Permit, without a fee refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit including a threat to the safety of workers or the right-of-way user or the utility users. A substantial breach by Permittee shall include, but shall not be limited to, the following: a. The violation of any material provision of the Right-of-Way Permit; 78 22 b. An evasion or attempt to evade any material provision of the Right-of-Way Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; c. Any material misrepresentation of fact in the application for a Right-of-Way Permit; d. The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the Permittee's control; or e. Failure to relocate existing facilities as specified in Sec. 407.23; or f. Failure of the utility to pay any required costs, fees, or charges billed by the City or g. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an Order issued pursuant to this chapter. 2. Written Notice of Breach. Zf the City detesmines that the Permittee has committed a substantial breach of a term or condition of any statute, ordinance; rule, regulation or any condition of the permit the City shall make a written demand upon the Permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the City to place additional or revised conditions on the permit to mitigate and remedy the breach. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, Permittee shall provide the City with a plan, acceptable to the City, that will cure the breach. Permittee's failure to so contact the City, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, Permittee's failure to so contact the City, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall automatically place the Permittee on Probation for one (1) full year. 4. Cause for Probation. From time to time, the City may establish a list of conditions of the permit, which if breached will automatically place the Permittee on Probation for one full year, such as, but not limited to, working out of the allotted time period or working on Right-of-Way grossly outside of the permit authorization. 79 _ 23 5. Automatic Revocation. If a Permittee, while on Probation, commits a breach as outlined above, Permittee's permit will automatically be revoked and Permittee will not be allowed further permits for one full year, except for Emergency repairs. 6. Reimbursement of City Costs. If a permit is revoked, the Permittee shall also reimburse the City for the City's reasonable costs, including Restoration Costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. SECTION 407.21. MAPPING DATA 1. Information Required. Each Registrant shall provide Mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100 to include the following information: a. location and approximate depth of applicant's mains, cables, conduits, switches, and related equipment and facilities, with the location based on: 1. offsets from property lines, distances from the centerline of the public right—of-way, and curb lines as determined by the city; or 2. coordinates derived from the coordinate system being used by the city; or 3. any other system agreed upon by the right-of-way user and city; b. the type and size of the utility; c. a description showing above-ground appurtenances; d. a legend explaining symbols, characters, abbreviations, scale, and other data shown on the map; and e. any facilities to be abandoned, if applicable, in conformance with Minnesota Statutes � 216D.04, Subd. 3. f. The permittee shall submit "as built" drawings reflecting any subsequent changes and variations from the information provided under 407.08, Subp. 6. g. The right-of-way user is not required to provide or convey mapping information or data in a format or manner that is different from that which it currently utilizes and �0 24 2. 3. maintains. The right-of-way user shall, however, include the cost to covert the data furnished by the right-of-way user to a format currently in use by the city as part of the permit application fee. These data conversion costs, unlike other costs that make up permit fees, may be included in the permit fee after the permit application process is completed and shall be immediately due to the city upon the ascertainment of the cost and notice of the fee to the applicant. Any permit for which such fee has not been paid within 30 days of notice from the city may upon written notice be revoked. The city shall not issue any other permits to the registrant related to any city right-of-way until such fee is paid. h. Mapping data shall be provided with the specificity requested by the City for inclusion in the mapping system used by the city. i. For map�ing data provided to compatible and City format, excavation fee is waived. Submittal Requirement. the City of Fridley in GIS the mapping portion of the a. Within six (6) months after the acquisition, installation, or construction of additional equipment or any relocation, abandonment, or disuse of existing equipment,_ each : registrant shall submit the Mapping Data required herein. b. Within two (2) years after the date of passage of this Chapter, all existing right-of-way users shall submit detailed plans as may be reasonable and practical for all facilities and equipment installed, used or abandoned within the public right-of-way. c. Notwithstanding - submitted by all be installed or this Chapter at ordinances. the foregoing, Mapping Data shall be Registrants for all equipment which is to constructed after the date of passage of the time any permits are sought under these d. Six (6) months after the passage of this Chapter, a new Registrant, or a Registrant which has not submitted a plan as required above, shall submit complete and accurate Mapping Data for all its equipment at the time any permits are sought under these ordinances. Telecommunication Equipment. Information on existing facilities and equipment of telecommunications right-of-way users need only be supplied in the form maintained by the telecommunications right-of-way user. 81 25 4. Trade Secret Information. At the request of any Registrant, any information requested by the City, which qualifies as a"trade-secret" under Minn. Stat. § 13.37(b) shall be treated as trade secret information as detailed therein. SECTION 407.22. LOCATION OF FACILITIES 1. Undergrounding. New construction and the installation of new underground or contained within buildings conformity with applicable codes when directed 2. Corridors. facilities shall be done or other structures in by the City Council. The City may assign specific corridors within the Right-of-Way, or any particular segment thereof as may be necessary, for each type of Facility that is or, pursuant to current technology, the City expects will someday be located within the Right-of-Way. Al1 excavation, obstruction, or other permits issued by the City involving the installation or replacement of Facilities shall designate the proper corridor for the Facilities at issue. Any Registrant who has Facilities in the Right-of-Way in a position at variance with the corridors established by the City shall, no later than at the time-of the next reconstruction or-excavation of the area where the Facilities are located, move the Facilities to the assigned position within the Excavation of the Right-of-Way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the Facilities, public safety, customer Service needs and hardship to the Registrant. 3. Nuisance. Two years after the passage of this Chapter, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the Equipment or Facilities and restoring the right-of-way to a usable condition. 4. Limitation of Space. To protect public health, safety, and welfare or when.necessary to protect the Right-of-Way and its current use, the City shall have the power to prohibit or limit the placement of new or additional Facilities within the Right-of-Way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the Right-of-Way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular Utility Service, the condition of the Right-of-Way, the time of year with respect to essential utilities, the protection of : 26 existing Facilities in the Right-of-Way, and future City plans for public improvements and development projects which have been determined to be in the public interest. SECTION 407.23. RELOCATION OF FACILITIES A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its Facilities in the Right-of-Way whenever the City for good cause requests such removal and relocation, and shall restore the Right-of- Way consistent with Minnesota Rules part 7819.0050 - 7819.9950. The City may make such request to prevent interference by the Company's Equipment or Facilities with (i) a present or future City use of the Right-of-Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the Right-of-Way. Notwithstanding the foregoing, a Person shall not be required to remove or relocate its Facilities from any Right-of-Way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the Person thereof. SECTION 407.24. PRE-EXCAVATION FACILITY AND FACILITIES LOCATION In addition to complying with the requirements of Minn. Stat. �§ 216D.01-.09 ("One Call Excavation Notice System") before the start date of any Right-of-Way excavation, each Registrant who has Facilities or Equipment in the area to be excavated shall mark the horizontal and vertical placement of all said Facilities. Any Registrant whose Facilities is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its Facilities and the best procedure for excavation. SECTION 407.25. DAMAGE TO OTHER FACILITIES When the City does work in the Right-of-Way and finds it necessary to maintain, support, or move a persons Facilities to protect it, the City shall notify the Local Representative as early as is reasonably possible. The costs associated therewith will be billed to that person and must be paid within thirty (30) days from the date of billing. Each person shall be responsible for the cost of repairing any Facilities in the Right-of-Way which it or its Facilities damages. Each person shall be responsible for the cost of repairing any damage to the Facilities of another persons caused during the City's response to an Emergency occasioned by that persons Facilities. : 27 SECTION 407.26. RIGHT-OF-WAY VACATION 1. Reservation of Right. If the City vacates a Right-of-Way which contains the Facilities of a Registrant, and if the vacation does not require the relocation of Registrant's or Permittee's Facilities, the registrant's rights in the vacated right-of-way are governed by Minnesota Rule 17819.3200 and the City shall reserve, to and for itself and all Registrants having Facilities in the vacated Right-of-Way, the right to install, maintain and operate any Facilities in the vacated Right-of-Way and to enter upon such Right-of-Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. 2. Relocation of Facilities. If the vacation requires the relocation of Registrant's or Permittee's Facilities; and (i) if the vacation proceedings are initiated by the Registrant or Permittee, the Registrant or Permittee must pay the relocation costs; or (ii) if the vacation proceedings are initiated by the City, the Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City and the Registrant or Permittee; or (iii) if the vacation proceedings are initiated by a Person or Persons other than the Registrant or Permittee, such other Person or Persons must pay the relocation costs. SECTION 407.27. INDEMNIFICATION AND LIABILITY 1. Authority, Generally. As a condition for issuing a permit for work on a public right-of-way, the City may require the permittee to indemnify the City against liability claims. The City may require indemnification when a permit authorizes a permittee to obstruct or excavate on or within a public right-of-way to install, maintain, or repair the permittee's facilities. 2. Claims Indemnified City may require the permittee to defend, indemnify, and hold harmless the City from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim: a. alleges a negligent or otherwise wrongful act or omission of the permittee or its employee, agent, or independent contractor in installing, maintaining, or repairing the permittee's facilities; and alleges that the City is liabie, without alleging any independent negligent, or otherwise wrongful act or omission on the part of the City; or b. is based on the City negligent or omission in issuing the permit or adequately inspect or enforce condition or purpose of the permit • •. otherwise wrongful act or in failing to properly or compliance with a term, granted to the permittee. 3. Claims not Indemnified A permittee is not required to indemnify the City for losses or claims occasioned by the negligent or otherwise wrongful act or omission of the City except: a. to the extent authorized in subpart 2 regarding the issuance of a permit or the inspection or enforcement of compliance with the permit; or b. when otherwise provided in an applicable franchise agreement. 4. Remedy is Additior�al; Subrogation A defense or indemnification of the City by a permittee is deemed not to be a waiver of any defense or immunity otherwise available to the City. . A permittee, in defending any action on behalf of the City is entitled to assert every defense or immunity that the City could assert in its own behalf. SECTION 407.28. ABANDONED AND UNUSABLE FACILITIES 1. Discontinued Operations. A Registrant who has determined to discontinue all or a portion of its operations in the City must provide information satisfactory to the City that the Registrant's obligations for its Facilities in the Right-of-Way under this Chapter have been lawfully assumed by another Registrant and locate and provide to the City a map which clearly identifies the facility and also maintains it as a real property record. 2. Abandoned Facilities. Facilities of a Registrant who fails to comply with subd. 1 of this Section, and which, for two (2) years, remains unused or one year after the passage of this Chapter, any Facilities found in a Right-of- Way that have not been Registered with the city shall be deemed to be abandoned. Abandoned Facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has as law or in equity, including, but not limited to, (i) abating the nuisance, (ii) taking possession of the Facilities and restoring the Right-of-Way to a useable condition, or (iii) requiring removal of the Facilities by the Registrant, or the Registrant's successor in interest. 3. Removal. Any Registrant who has unused, unusable any Right-of-Way shall remove it from that conjunction with other right-of-way 85 29 and abandoned Facilities in Right-of-Way if required in repair, excavation or construction, unless this requirement is waived by the City or other remedy agreed to. SECTION 407.29. APPEAL A Right-of-Way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by wrstten findings establishing the reasonableness .of the decision. SECTION 407.30. RESERVATION OF REGULATORY AND POLICE POWERS A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. SECTION 407.31. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non-appealable order that any permit, right or registration issued under this Chapter or any portions of this Chapter is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. Nothing in this Chapter precludes the City from requiring a franchise agreement with the Applicant, as allowed by law, in addition to requirements set forth herein. SECTION 407.32 Any fees imposed under this chapter shall be reviewed and adopted at least annually at the same time and in the same manner as other fees established by the City. At any time, in its discretion, the City expressly reserves the right to review the fees imposed in this Chapter and, upon notice and public hearing, modify them if it is satisfied that such action is necessary to reflect the cost of regulating and supervising the activities governed by this chapter. : . � CHAPTER 11, GENERAL PROVISIONS AND FEES Section 11.10 "Fees" is amended to include the following: 407.04 Registration Fee $50.00 407.07 Excavation Permit $300.00 407.07 Obstruction Permit $15.00 407.07 Permit Extension $15.00 407.07 Delay Penalty Permit extension fee plus $100.00 penalty 407.10 Mapping Fee 407.11 IIegradation Cost 407.05 User Fee (Residential, commercial or industrial) � $10 if data is not in City format and City GIS compatible Restoration cost per square foot for the area to be restored $1 per foot per year ��7 ORDINANCE SLTMMARY ORDINANCE NO. OFFICIAL TITLE AND SLTMMARY Title: An Ordinance Revising Chapter 407 Entitled "Right-of-way Management" of the Fridley City Code in its Entirety and Amending Chapter 11 of the Fridley City Code Entitled "General Provision and Fees." II. Summary. The City Council of the City of Fridley does hereby ordain as follows: The ordinance implements the 1997 Minnesota Legislative law contained in Chapter 123 and the Public Utilities Commission (PUC) rules 7819.0050 to 7819.9950 plus the League of Minnesota Cities (LMC) model Right-of-Way ordinanceJwhere possible regarding the management of the public rights-of-way. The purpose of the ordinance is to outline the registration and permitting requirements as well as coordinating projects providing for recording and mapping of utilities placed within the public rights- of-way and identifying those conditions associated with restoring the rights-of-way. This revision adds 11 definitions, redefines the restoration process, clarifies the denial and revocation criteria, establishes a nuisance item for failure to register facilities in the right-of-way and increases the fees for registration and excavation within Chapter 11. III. This title and summary have been published to cleazly inform the public of the intent and effect of the City of Fridley's nghts-of-way ordinance. A copy of the ordinance. in:its entirety is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue NE, Fridley, NIN 55432. Passed and Adopted by the City Council of the City of Fridley the 8�' day of May, 2000. Public Hearing - April 10, 2000 First reading - Apri124, 2000 Second reading - May 8, 2000 Publication: May 18, 2000 �. . AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 qTY OF FRIDLEY TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT 1999-1 DATE• May�l, 2000 Attached you will find the assessment roll for the Riverview Heights Area Improvement Project 1999-1 along with the Resolurion to adopt the assessment. The Public Hearing for this assessment was held on Apri124, 2000. A number of questions were raised at the hearing and John Flora has responded to those in his memo dated Apri125, 2000. The following change has been made to the assessment roll since the Public Hearing: The curb and gutter assessment of $1,118.60 for John Drummond for the parcel numbers 04-30-24-140005 & 04-30-24-140006 has been removed. As noted in Mr. Flora's memo, Paul Westby had a question concerning his assessment for curb and gutter. The assessment roll, as provided, maintains the assessment as shown at the public hearing for Mr. Westby's property as that is in accordance with City policy The total cost of this project is $2,412,400.60. $474,575.55 will be assessed to the property owners (378), with the balance of $1,937,825.05 to be paid by the City. The assessment for the storm water and the curb and gutter portions will be certified for 15 years at an interest rate of 6.5%. The assessment for the driveway portion will be for 5 years at a rate of 7%. RDP/sf Attachment . . RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR RIVERVIEW HEIGHTS AREA IIVIPROVEMENT PROJECT NO. ST 1999-1 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heazd and passed upon all objecrions to the proposed assessment for the Riverview Heights Area Improvement Project No. 1999-1. NOW Tf�REFORE, BE TT RESOLVED BY Tf-IE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment tevied against it. Such assessment for the storm water and the curb and gutter portion shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 2001, and shall bear interest at the rate of 6%s percent per annum from the date of the adoption of this assessment resolution. To the first instaliment shatl be added interest on the entire assessment from the date of this resolution until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. Such assessment for the driveway portion shall be payable in equal annual installments extending over a period of five years, the first of ,the instailments to be payable on or. before the first Monday in _ _ January, 2001, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be chazged if the entire assessment is paid within 30 days from the adoprion of this resolution; and he may, at any time thereaRer, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOP'TED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF , 2000. ATTEST: DEBRA A. SKOGEN - CTTY CLERK • � NANCY J. JORGENSON - MAYOR Ri�rervi�v�r Heights R��n�tructia►n � 1 w � 91 .�,� , ASSESSMENT ROLL FOR RIVERVIEW AEIGHTS AREA IlVIPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft FREDERICK JOSEPH G 033024220066 1,000.00 8350 E RIVER RD NE FRIDLEY MN 55432 MOEN ELAINE M 033024220067 l�ppp,pp 541 LAFAYETTE ST NE FRIDLEY MN 55432 RAUTIO TODD J 033024220068 i�ppp,pp 551 LAFAYETT'E ST NE FRIDLEY MN 55432 MC GOWAN MARGARET M 033024220069 1,000.00 561 LAFAYETTE ST NE FRIDLEY MN 55432 SCHUNEMAN ROBERT N& 033024220070 1,000.00 LORI L 571 LAFAYETTE ST NE FRIDLEY MN 55432 ANDERSON LENA N 033024220071 1,000.00 583 LAFAYETTE ST NE 4 HAUGH FREDERICK J JR 033024220072 1,000.00 591 LAFAYETTE ST NE CITY OF FRIDLEY HRA 033024220073 ��ppp,pp 6431 iJNIVERSITY AVE NE 611 Lafayette St MICKE DENNIS & 033024220074 1,000.00 - BRESSLER, J M 621 LAFAYETTE ST NE FRIDLEY MN 55432 EASTWOOD JAMES D& 033024220075 25.6 358.40 358.40 1,000.00 SHARONF 623 LAFAYETTE ST NE FRIDLEY MN 55432 92 ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA Il1�IIPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft FALK MICHAEL & 033024220083 1,000.00 MARILYN 8340 E RIVER RD NE FRIDLEY MN 55432 BERGERON WILLARD J& 033024220086 1��•� GLADYS 517 KIMBALL ST NE FRIDLEY MN 55432 LAMBRECHT GERALD R& 033024220087 1,000.00 VIOLA 531 KIMBALL ST NE FRIDLEY MN 55432 WALD ALFRED AND 033024220088 1;000.00 MELODY S 549 KIMBALL ST NE FRIDLEY MN 55432 NESS DOUGLAS A& 033024220089 1,000.00 ROSEMARY T 555 KIMBALL ST NE FRIDLEY MN 55432 GOVOENT THOMAS J 033024220090 1,000.00 567 KIMBALL ST NE RID Y KWSISTO ELSIE M 033024220092 1,000.00 595 KIMBALL ST NE F LEY DODAY HELEN E 033024220093 363 508.20 508.20 1,000.00 630 LAFAYETTE ST NE RID 4 LAPLANTE JERRY R 033024220095 1,000.00 604 LAFAYETTE ST NE FRIDLEY 4 2 BENSON DARRELL C& 033024220096 1,000.00 JOAN M 560 LAFAYETTE ST NE FRIDLEY MN 55432 �r; ASSESSMENT ROLL FOR RIVERVIGW AEIGHTS AREA Il�IPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $I,OOO less Concrete C�ub & Actual pcevious]y Gutter Based on Assessment Paid Address PIN No. Front Ft S 14 per Front Ft $14 per Front Ft REIERSON EVELYN O 033024220097 1,000.00 548 LAFAYETTE ST NE FRIDLEY MN 55432 PODOLYANCHUK 033024220095 1,000.00 ANATOLIY & OKSANA 554 LAFAYETTE ST NE FRIDLEY MN 55432 ZIEBARTH JERRY A& 033024220103 1,000.00 LILLIAN 550 KIMBALL ST NE FRIDLEY MN 55432 SEMKE MARK W 033024220106 1,000.00 518 KIMBALL ST NE FRIDLEY MN 55432 , . KOCIEMBA DAVID J 033024220130 I,000.00 635 KIMBALL ST NE 4 REKUCHA DARIA 033024220131 1,000.00 615 KIMBALL ST NE ROBERGE RICHARD M& 033024220129 1,000.00 ANN MARIE 601 KIMBALL ST NE FRIDLEY MN 55432 LANGE MELVIN H& DIANE 0330242201 IS 1,000.00 J 8310 E RIVER RD NE : . _ FRIDLEY MN 55421 GANGL DAVID PAUL 033024220118 1,000.00 550 LAFAYETTE ST NE FRIDL 4 JORGENSEN JANICE K 033024220119 1,000.00 8316 E RIVER RD NE FRID Y 2 � � ASSESSMENT ROLL FOR RIVERV�W HEIGATS AREA Il�IPROVEMENT PROJECI' NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft S 14 per Front ' Ft OLSON CATHERINE 033024220125 - 1,000.00 612 LAFAYETfE STREET FRIDLEY MN 55432 OLSON JOHN & SHELIA 033024220126 1,000.00 538 KIMBALL FRIDLEY MN 55432 KOEHLER JOHN GROSS 033024220127 1,000.00 MARY 528 KIMBALL ST NE FRIDLEY MN 55432 AGENE TOBI 033024230001 1,000.00 505 JANESVILLE ST NE . FR[DLEY MN 55432 KORZENOWSKI L S& K M 033024230002 1,000.00 529 JANESVII,LE ST NE FRIDLEY MN 55432 SCHOMMER JUDY A 033024230004 1,000.00 543 JANESVILLE ST NE FRIDLE 4 2 HAMRE ST'EVEN & 033024230005 1,000.00 ELIZABETH 557 JANESVII.,LE ST NE FRIDLEY MN 55432 HAMM JUDY L 033024230006 1,000.00 563 JANESVII.LE ST NE 4 TAYLOR DONALD 033024230007 1,000.00 569 JANESVII.LE ST NE KIDMAN TAB 033024230010 1,000.00 595 JANESVII,LE ST NE I STREICH MARIE FAYE 033024230011 1,000.00 8295 BROAD AVE NE 95 ASSESSMENT ROLL FOR RIVERV�W HEIGHTS AREA Il�IPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for S1,OOO less Concrete Curb & Actual Pneviously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft FRANZEN ROBERT P 033024230012 1,000.00 590 KIMBALL ST NE FRIDLEY MN 55432 MARTIN SEQUNDINO & 033024230013 1,000.00 JANET C 580 KIMBALL ST NE FRIDLEY MN 55432 OSBORNE DONALD E& 033024230014 1,000.00 MARY 572 KIMBALL ST NE FRIDLEY MN 55432 INDERLEE LAURIE J 033024230015 1,000.00 560 KIMBALL ST NE FRIDLEY MN 55432 . ANOKA COUNTY OF 033024230016 1,000.00 HIGHWAY DEPT 510 Janesville St ANOKA COUNTY OF 033024230017 1,000.00 HIGHWAY DEPT 03302423001$ 1,000.00 ANOKA MN 55303 033024230019 1,000.00 8200 ERR - HARSTAD GENE M 033024230020 1,000.00 511 IRONTON ST NE LE 4 KORPELA LADONNA 033024230021 1,000.00 521 IRONTON ST NE F 4 MILLER BETTY L 033024230022 1,000.00 12100 GROUSE ST NW #601 539 Ironton St NE PID KONOLD JAMES 033024230025 1,000.00 2998 N VICTORIA 033024230026 1,000.00 R E t t • � ASSESSMENT' ROLL FOR RIVERVIEW HEIGHTS AREA II�IPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Estimated Assessment - Assessment for S1,OOO less Concrete Curb & Actual Previousiy Gutter Based on Assessment Paid Address PIN No. Front Ft S 14 per Front Ft $14 per Front Ft NIX CAROLYN G 033024230027 1,000.00 571 [RONTON ST NE FRIDLEY MN 55432 LUNDSTEN RONALD B 033024230028 1,000.00 581 IRONTON ST NE FRIDLEY MN 55432 WEISE T'HEODORE R& 033024230029 1,000.00 MARY A 587 IRONTON ST NE FRIDLEY MN 55432 CURTIS JASON M 033024230030 1,000.00 585 IRONTON ST NE FRIDLEY MN 55432 LAWRENCE ELAINE M 033024230031 1,000.00 595 IRONTON ST NE FRIDLEY MN 55432 GRANT GLEN JAMES & 033024230032 1,000.00 MARLYS L 598 JANESVILLE ST NE FRIDLEY MN 55432 RUSCHY DAVID L& 033024230033 1,000.00 CYNTHIA J 584 JANESVILLE ST NE FRIDLEY MN 55432 JOHNSON ROGER A& JEAN 033024230230 1,000.00 574 JANESVII..LE ST NE F L 4 JONES ROLAND E& FERN L 033024230037 1,000.00 38058 IRONSTONE NW 564 Janesville St D LB 7 MYRVOLD DWAYNE C SR 033024230038 1,000.00 554 JANESVILLE ST NE F L Y 4 THEIS JOHN L 033024230039 1,000.00 532 JANESVII.,LE ST NE F �7 ASSESSMENT ROLL FOR RIVERV�W AEIGHTS AREA IlNPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft BOETTCHER JII.L & 033024230040 - 1,000.00 HANSEN J 530 JANESVII.LE ST NE _. FRIDLEY MN 55432 TENNEY ELAINE D 033024230041 1,000.00 528 JANESVII,LE ST NE FRIDLEY MN 55432 EWER ARLENE F 033024230042 i,ppp,pp 1565 73RD AVE NE 51 S Janesville St FRIDLEY MN 55432 . NE OVERSON RAYMOND M& 033024230043 1,000.00 ESTHER 509 HUGO ST NE FRIDLEY-MN 55432 OTTO RICHARD & SUSAN 033024230044 1,000.00 517 HUGO ST NE 4 LIBBY TRICIA W 033024230045 1,000.00 521 HUGO ST NE YARICK MEI,ISSA 033024230046 1,000.00 551 HUGO ST NE FREUND JAMES G& 033024230047 1,000.00 ELIZABETH A 565 HUGO ST NE FRIDLEY MN 55432 GOLIE BYRON 033024230048 1,000.00 210 HERITAGE LN 033024230049 1,000.00 NEW B I t LERE WILLIAM C& J E 033024230050 1,000.00 SCHACK- 579 HUGO ST NE FRIDLEY MN 55432 � • ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA IMPROVEMENT PROJECT NO. ST. 1999 -1 Storm Water Esrimated Assessment Assessment for $1,0001ess Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft [GOE PATRICK W - 033024230058 1,000.00 580 IRONTON ST NE FRIDLEY MN 55432 KOOP GERALD C 033024230059 1,000.00 576 IRONTON ST NE FRIDLEY MN 55432 HILLSTROM MARK JAMES . 033024230060 1,000.00 570 IRONTON ST NE FRIDLEY MN 55432 SCHILL KEITH E 033024230061 1,000.00 560 IRONTON ST NE FRIDLEY MN 55432 WOOD EDWARD & 033024230062 1,000.00 GLAD[SANN H 540 IRONTON ST FRIDLEY MN 55432 ROTTINGHAUS BEVERLY A 033024230063 1,000.00 536 IRONTON ST NE FRIDLEY 4 2 MCGRATH TIMOTHY E& 033024230064 1,000.00 DONNA 528 IRONTON ST NE FRIDLEY MN 55432 FRAZEE JAMIE L 033024230065 1,000.00 520 IRONTON ST NE WILSON GARY W 8c KAY J 033024230066 1,000.00 510 IRONTON ST NE F 4 PRINCE KAREN E 033024230067 1,000.00 501 GLENCOE ST NE MORGAN DAVID M 033024230068 1,000.00 527 GLENCOE ST NE • •. ASSESSMENT ROLL FOR RIVERV�W HEIGHTS AREA IlbIIPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete G�rb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft TURBIN FREDERICK & 033024230069 1,000.00 JULIE A 529 GLENCOE ST NE FRIDLEY MN 55432 DUSTRUDE MATHILDE 033024230070 I,000.00 533 GLENCOE ST NE FRIDLEY MN 55432 KNUTSON GEORGE D& 033024230073 1,000.00 BETTY E 549 Glencce St 4002 I OTH AVE N ANOKA MN 55303 HOFFER ALLEN J 033024230074 1,000.00 555 GLEI�ICOE ST NE FRIDLEY`MN 55432 TATRO ROBERT L& 033024230075 1,000.00 DELORES L 565 GLENCOE ST NE FRIDLEY MN 55432 ERICKSON ERIC R& 033024230076 1,000.00 FLORENCE L 575 Glencce St 2649 140T'H AVE NW ANDOVER MN 55304 MENNENGA DWIGHT L& 033024230077 1,000.00 JUDY A 595 GLENCOE ST NE FRIDLEY MN 55432 STRAND DEBRA A 033024230078 1,000.00 590 HUGO ST NE FRIDL 4 RIDER TIMOTHY J 033024230079 1,000.00 582 HUGO ST NE FRIDLE 4 LEE MARC C 033024230080 1,000.00 576 HUGO ST NE FRIDLEY 4 2 100 ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA Il1�IPROVEMENT PROJECT NO. ST.1999 -1 Stonn Water Esrimated Asses�ent Assessment for $1,000 less Concrete Curb & Actual Pre�+iously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft FLOER LISA A 033024230081 1�� 570 HUGO ST NE FRIDLEY MN 55432 CULLEN GAIL A 17316 HIAWATHA BEACH DR HAM LAKE MN 55304 BARNA ALEX P III & SARAH 033024230082 1'�'� 560 HUGO ST NE FRI L 4 JORDAN GARY & 033024230226 1��'� CATHERINE 540 HUGO ST NE FRIDLEYMN 55432 FRIDLEY H R A 033024230085 1,000.00 6431 LJNIVERSIT'Y AVE NE 530 Hugo St NE FRID EY 4 2 BARTKOWITZ JOHN E 033024230086 1,000.00 520 HUGO ST NE FRIDLEY 4 2 STUELAND SHARLEEN 033024230087 1,000.00 506 HUGO ST NE F DL Y 4 DUBAY GERALDINE C 033024230088 1,000.00 521 FAIRMONT ST NE ID EY 4 HASBROOK MARGARET M 033024230089 1,000.00 531 FAIRMONT ST NE FRIDLEY 4 2 FREITAG ARDELLA Y 033024230090 1,000.00 537 FAIRMONT ST NE FRID E MN 4 2 EMERSON BRUCE R& 033024230091 1'�'� SANDRA L 545 FAIRMONT ST NE FRIDLEY MN 55432 101 ASSESSMENT ROLL FOR RIVERVIEW HEIGATS AREA Il�IPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $I,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft ENSLEY JAMES R& LAURA 033024230092 1,000.00 547 FAIRMONT ST NE FRIDLEY MN 55432 ZIMMERMAN DOUGLAS J 033024230093 1,000.00 & KAREN A 549 FAIRMONT ST NE FRIDLEY MN 55432 STREICH WALTER O& 033024230094 1,000.00 ALVERA 563 FAIRMONT ST NE FRIDLEY MN 55432 HEDIN ROBERT M 033024230095 1,000.00 573 FAIRMONT ST NE FRIDLEY:MN 55432 _ _ : . SCHIEFFER JEFFREY C 033024230096 1,000.00 583 FAIRMONT ST NE HADLEY ROBERT A& 033024230097 1,000.00 MARDELL R 593 FAIRMONT ST NE FRIDLEY MN 55432 NICKOLAUSEN DAVID 033024230098 1,000.00 594 GLENCOE ST NE RID 4 ZACHARIAS SANDRA J 033024230099 1,000.00 574 GLENCOE ST NE FRID 4 2 MORELAND CLINT R 033024230100 1,000.00 560 GLENCOE ST NE FRID Y 4 2 GRAD LARRY MATHEW 033024230101 1,000.00 550 GLENCOE ST NE FRI 4 LL�� ASSESSMENT ROLL FOR RIVERV�W HEIGHTS AREA IlVIPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for S1,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft S 14 per Front Ft DLINLAP MICHAEL P& 033024230102 1,000.00 MICHELE 548 GLENCOE ST NE FRIDLEY MN 55432 • TINKER RICHARD KEVIN 033024230103 1,000.00 546 GLENCOE ST NE FRIDLEY MN 55432 OLSON DIANNE M 033024230104 1,000.00 538 GLENCOE ST NE FRIDLEY MN 55432 APPELHOF ARLETTA M 033024230105 1,000.00 604 2NO ST NW 530 Glencce St NEW PRAGUE MN 56071 SWANSON DENriIS L& 033024230111 1,000.00 JUDY M 524 FAIRMONT ST NE FRIDLEY MN 55432 LANGER DEBRA K 033024230112 1,000.00 548 FAIRMONT ST NE LEVASSEUR ANNETfE 033024230113 1,000.00 544 FAIRMONT ST NE COUGHI.IN JODI & 033024230114 1,000.00 TIMOTHY J 534 FAIRMONT ST NE FRIDLEY MN 55432 HAMRE DEI�TNIS & 033024220128 1,000.00 VERONICA 655 KIMBALL ST NE FRIDLEY MN 55432 FAY TIMOTHY D 033024230116 1,000.00 725 KIMBALL ST NE FRI L Y 4 103 ASSESSMENT ROLL FOR RIVERVI�W AEIGATS AREA IMPROVEMENT PROJECI' NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for S1,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft POINTON TERRI & 033024230117 1,000.00 CHERNEY J K 8270 BROAD AVE NE FRIDLEY MN 55432 GLASOW DONNA J 033024230118 1,000.00 621 JANESVILLE ST NE FRIDLEY MN 55432 WILCOX JEFFREY C& 033024230119 1,000.00 HARVEY K R 631 JANESVILLE ST NE FRIDLEY MN 55432 SYLVESTER Ci�tISTINE M 033024230120 1,000.00 641 JANESVILLE ST NE FRIDLEY MN 55432 HARRIS LARRY J& ELAINE 033024230121 1,000.00 651 JANESVILLE ST NE F [ HANNING GARY A& 033024230122 1,000.00 KATHLEEN A 679 JANESVILLE ST NE FRIDLEY MN 55432 CURTIS MICHAEL L& RITA 033024230123 1,000.00 689 JANESVII.LE ST NE 4 EGAN SUZANNE K 033024230124 1,000.00 676 KIMBALL ST NE FRID Y OLSON TODD D 033024230125 1,000.00 666 KIMBALL ST NE FRI LEY 4 2 HINNENKAMP JOHN H& 033024230126 I,000.00 HASSMAN T 656 KIMBALL ST NE FRIDLEY MN 55432 104 ASSESSMENT ROLL FOR RIVERVIEW HEIGATS AREA II4IPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $I,OOO less Concrete Curb & Actnal Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft BROBERG LAVONNE 033024230127 1,000.00 CAROL 646 KIMBALL ST NE FRIDLEY MN 55432 LUPPINO STEVEN T& NDY 033024230128 1,000.00 634 KIMBALL ST NE FRIDLEY MN 55432 STOECKEL SHELDON R 033024230129 1,000.00 620 KIMBALL ST NE FRIDLEY MN 55432 HASHER ROBERT A 033024230130 1,000.00 600 KIMBALL ST NE FRIDLEY MN 55432 BUDNICK THOMAS A& 033024230131 1,000.00 KAREN L 601 IRONTON ST NE FRIDLEY MN 55432 NEUMAN DONALD & 033024230132 1,000.00 PATRICIA A 615 IRONTON ST NE FRIDLEY MN 55432 MILNER CHRISTOPHER & 033024230133 1,000.00 CAROL 633 IRONTON ST NE FRIDLEY IvIN 55432 WUDINICH DAVID F& 033024230134 1,000.00 JEAN 647 IRONTON ST NE FRIDLEY IvII�155432 KOCIEMBA MARY E 033024230135 1,000.00 655 IRONTON ST NE RIDLEY 2 GABLE MARIE H 033024230136 1,000.00 671 IRONTON ST NE F EY MN 4 105 ASSESSMENT ROLL FOR RIVERV�W AEIGATS AREA Il�IPROVEI�NT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft S14 per Front Ft LARSON ROBERT & WICK E 033024230137 ` 1,000.00 677 [RONTON ST NE FRIDLEY MN 55432 SHUPIEN THOMAS E 033024230231 1,000.00 680 JANESVILLE ST NE FRIDLEY MN 55432 ANDREA ARLENE A 033024230140 1,000.00 670 JANESVILLE ST NE FRIDLEY MN 55432 KALAN RUDOLPH J& 033024230141 1,000.00 CAROL A 654 JANESVILLE ST NE FRIDLEY MN 55432 HANSON TAMMY J 033024230142 1,000.00 648 JANESVILLE ST NE FRIDLEY MN 55432 WILLIAMS DAVID O& RITA 033024230143 1,000.00 634 JANESVILLE ST NE F I LEY 4 KNE MARY M& LOPEZ- 033024230144 - 1,000.00 ROMERO J M 616 JANESVII.LE ST NE FRIDLEY MN 55432 WILLIAMS RONALD M& 033024230145 1,000.00 LEONA M 600 JANESVII,LE ST NE- FRIDLEY MN 55432 LIANE SAMUEL JOSEPH 033024230146 1,000.00 615 HUGO ST NE L MARCINIAK CASIMIR M& 033024230227 1,000.00 NANCY 617 HUGO ST NE FRIDLEY MN 55432 106 ASSESSMENT ROLL FOR RIVERVIEW HEIGATS AREA INIPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for S1,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft LEWIS DEBORAH A 033024230149 1��'� 621 HUGO ST NE FRIDLEY MN 55432 ZYCH RAYMOND A& 033024230150 1,000.00 LORRAINE 631 HUGO ST NE FRIDLEY MN 55432 CARPENTER MARK A 033024230151 1,000.00 641 HUGO ST NE FRIDLEY MN 55432 GRAEN RICHARD C 033024230152 1,000.00 649 HUGO ST NE FRIDLEY MN 55432 MORGAN THOMAS A& 033024230153 1,000.00 TAMMY S 657 HUGO ST NE FRIDLEY MN 55432 PLUMMER LESLIE L 033024230154 1,000.00 663 HUGO ST NE DEGEEST SETH 033024230155 1,000.00 669 HUGO ST NE I OLSON KENT & REBECCA 033024230156 1,000.00 677 HUGO ST NE ROSE MARK L 033024230157 1'�'� 695 HUGO ST NE OSTAPENKO ANTHONY & 033024230158 1,000.00 JACOBSON K 690 IRONTON ST NE FRIDLEY MN 55432 DIRKES ROBERT & JANE 033024230159 1,000.00 680 IRONTON ST NE F L Y 4 107 ASSESSMENT ROLL FOR RIVERV�W HEIGHT'S AREA Il�IPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for 51,000 less Concrete Curb & Actual Previously Gutter Based on Assessment p�d Address PIN No. Front Ft S 14 per Front Ft $14 per Front Ft MILLER ROBERT 033024230160 I,000.00 &VICTORIA 670 IRONTON ST NE FRIDLEY MN 55432 BRANDL THOMAS A 033024230161 1,000.00 664 IRONTON ST NE FRIDLEY MN 55432 DOEGE C V& TAMMY M 033024230162 1,000.00 LOFGREN- 658 [RONTON ST NE FRIDLEY MN 55432 SCHWANDT ROBERT M& 033024230163 1,000.00 BARBARA 636 IRONTON ST NE FRIDLEY MN 55432 PETERSON DEBBIE & 033024230164 1,000.00 COFFEY D J 630 IRONTON ST NE FRIDLEY MN 55432 WALKER D B& NEUMANN 033024230165 1,000.00 SM 620 IRONTON ST NE FRIDLEY IvIIV 55432 WINDOM MERLIN & JOYCE 033024230166 1,000.00 600 IRONTON ST NE FRID E 4 BONINE WII.BERT A& 033024230167 1,000.00 BETTY L 601 GLENCOE ST NE FRIDLEY MN 55432 THOMAS JOHN D& LINDA 033024230232 1,000.00 J 611 GLENCOE ST NE FRIDLEY MN 55432 � i ASSESSMENT ROLL FOR RIVERVIEW I�IGHTS AREA Il14PROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft FREDERICK MICHAEL R& 033024230170 1,000.00 EDITH 629 GLENCOE ST NE FRIDLEY MN 55432 NADALA MARILYN J 033024230171 1,000.00 635 GLENCOE ST NE FRIDLEY MN 55432 EASTMAN ROBERT C& 033024230172 1,000.00 MARGOT S 64 t GLENCOE ST NE FRIDLEY MN 55432 SCHACK LYNNETTE 033024230180 1,000.00 JACKIE JOE 685 GLENCOE ST NE FRIDLEY MN 55432 LOPEZ KAYLA 033024230229 100.00 1,400.00 1,400.00 I,000.00 8125 RIVERVIEW TER NE FRID EY MN 4 2 SCHMIT'f ROBERT 033024230233 60.00 840.00 840.00 1,000.00 8141 RIVERVIEW TER NE FRID EY 4 RICE JOHN M JR & 033024230186 1,000.00 KARLEEN V 696 HUGO ST NE FRIDLEY MN 55432 SHIELDS DARYL & . 033024230187 1,000.00 MICHELLE 680 HUGO ST NE FRIDLEY MN 55432 BURGESS RICHARD & 033024230188 1,000.00 MAGDALIN 670 HUGO ST NE FRIDLEY MN 55432 CLOUTIER DOUGLAS E& P 033024230234 1,000.00 666 HUGO ST NE FRID EY MN 4 109 ASSESSMENT ROLL FOR RNERV�W HEIGATS AREA IMPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Estimated Assessment . Assessment for $1,000 less Concrete Curb & Actual Previously � Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft JOHNSON MICHAEL A 033024230191 1,000.00 660 HUGO ST NE FRIDLEY MN 55432 MORIN ROLAND J& 033024230192 1,000.00 JEANNE M 650 HUGO ST NE FRIDLEY MN 55432 ZICKERMANN GUNTER R 033024230193 I,000.00 640 HUGO ST NE FRIDLEY MN 55432 BREIDENBACH EILEEN R 033024230194 1,000.00 630 HUGO ST NE FRIDLEY MN 55432 CRITTENDEN WADE S 033024230195 1,000.00 620 HUGO ST NE FRIDLEY MN 55432 LYON WILLIAM D 033024230196 1,000.00 610 HUGO ST NE RID EY MN 4 MOINICKEN MICHELLE C 033024230197 1,000.00 600 HUGO ST NE FRI Y 4 MILLER SCOTT D& 033024230198 1,000.00 CHRISTINE M 615 FAIRMONT ST NE FRIDLEY MN 55432 PIERSAK EDWARD J& 033024230199 1,000.00 MARGARET 625 FAIRMONT ST NE FRIDLEY MN 55432 MORRISON KENNETH G& 033024230200 1,000.00 LINDA M 635 FAIRMONT ST NE FRIDLEY MN 55432 110 ASSESSMENT ROLL FOR RIVERVIEW I�IGHTS AREA II�IPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft BUTZER BENJAMM L& 033024230202 85.00 1,190.00 1,190.00 1,000.00 WEIGEL D M 8095 RIVERVIEW TER NE FRIDLEY MN 55432 RANDOLPH RAE L 033024230203 1,000.00 680 GLENCOE ST NE FRIDLEY MN 55432 SCOTT TROY A& CHERYL L 033024230204 1,000.00 670 GLENCOE ST NE FRIDLEY MN 55432 DEMAREE THOMAS M 033024230205 1,000.00 640 GLENCOE ST NE FRIDLEY MN 55432 ACKER VIRGIL J& JEANNE 033024230235 1,000.00 630 GLENCOE ST NE FRIDLEY MN 55432 STURM JASON A& 033024230236 1,000.00 ANDREA 620 GLENCOE ST NE FRIDLEY MN 55432 CARDER EVERETTE M 033024230212 1,000.00 616 GLENCOE ST NE WEAVER BRAD R 033024230213 1,000.00 610 GLENCOE ST NE AVERY ROGER A& 033024230214 1,000.00 LAVONNE 600 GLENCOE ST NE FRIDLEY MN 55432 HUDEK DEREK 033024230219 1,000.00 541 IRONTON ST NE FRIDL Y MN 4 2 SERING RANDOLPH K 033024230220 1,000.00 528 GLENCOE ST NE FRI L 4 111 ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA IINPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $1,000 less Concrete Curb & Actual prev�ous�y Gutter Based on Assessment p�d Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft LEONARD THOMAS H& 033024230221 1,000.00 JOAN M 526 GLENCOE ST NE FRIDLEY MN 55432 WICK DWAYNE 033024230222 ��0 � 547 GLENCOE ST NE FRIDLEY MN 55432 PAULZINE JOE 033024230223 I,000.00 681 GLENCOE ST NE FRIDLEY MN 55432 BRAVIS JON 033024230224 1,000.00 533 JANESVII,LE FRIDLEY MN 55432 KUUSISTO DJ & CM 033024230228 1,000.00 585 JANESVILLE ST NE FRIDLEY MN 55432 HARSTAD GENE A& 033024240113 1,000.00 MARYANN 500 IRONTON ST NE FRIDLEY MN 55432 KELLNER ALFRED P 033024240157 1,000.00 8182 E RIVER RD NE ANOKA COUNTY 033024240117 1,000.00 2100 3" AVE 8180 ERR CASEY MICHAEL & HEIDI 033024240118 1,000.00 8164 E RNER RD NE MANGAN ANTHONY J& 033024240156 1,000.00 ROBIN C 499 GLENCOE ST NE FRIDLEY MN 55432 PEARSON DALE E& ELAINE 033024240127 1,000.00 11750 JUNIPER ST NW 8150 E River Rd N RAP 4 112 ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA Il�iPROVEMENT PROJECT NO. ST. 1999 -1 Storm Water Esrimated Assessment Assessment for S1,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $ l4 per Front Ft $14 per Front Ft W[TZEL STEPHEN K 033024240128 1,000.00 925 EVERGREEN TRAIL 505 Fairmont St LINO LAKES MN 55014 WITZEL STEPHEN K 033024240129 1��•� 925 EVERGREEN TRAIL 513 Fairmont St LINO LAKES MN 55014 EVANOV CAROLE A • 033024240131 1,000.00 500 GLENCOE ST NE FRIDLEY MN 55432 MOHAMMAD CANDICE K 033024240132 1,000.00 490 FAIRMONT ST NE FRIDLEY MN 55432 BOYCE RICHARD & NANCY 033024240147 ��•� 520 GLENCOE ST NE FRIDLEY MN 55432 KIRSCH DONALD & 033024240153 1,000.00 PATRICIA 8100 E River Rd 9855 REVERE LN N Ne MAPLE GROVE MN 55369 NOSKO DANIEL 033024240154 1,000.00 14160 TLTNGSTEN ST NW 480 Faumont St EY MORGAN WILLIAM A& 033024310127 17.00 238.00 238.00 1,000.00 CYNTHIA M 479 79TH WAY NE FRIDLEY MN 55432 LUTZ GARY J& SUSAN M 033024310014 1��•� 467 79TH WAY NE POMEROY FRANK & 033024310015 1,000.00 BERNADINE 455 79TH WAY NE FRIDLEY MN 55432 OVERLIE RALPH O& JEAN 033024310016 1,000.00 433 79TH WAY NE RID 4 113 ASSESSMENT ROLL FOR RIVERVIEW HEIGHT'S AREA Il�IPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $I,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $ l4 per Front Ft MAINE BOYD A& ADELIA 033024310017 1,000.00 A 423 79TH WAY NE FRIDLEY MN 55432 114 _ ASSESSMENT ROLL FOR RIVERVIEW HEIGRTS AREA Il1�IPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft LISKA ROBERT P 033024310018 1,000.00 424 LONGFELLOW ST NE FRIDLEY MN 55432 ERICKSON ALVINA M 033024310019 1,000.00 450 LONGFELLOW ST NE FRIDLEY MN 55432 JAMES CLYDE N& SHARON � 033024310020 1,000.00 430 LONGFELLOW ST NE FRIDLEY MN 55432 LATHE DAVID E& LAURIE 033024310023 1,000.00 409 79TH WAY NE FRIDLEY MN 55432 GALLAGHER MELVIN R 033024310024 ` 1,000.00 379 79TH WAY NE FRIDLEY MN 55432 HAGGARD MICHAEL 033024310025 1,000.00 371 79'" WAY NE FRIDLEY MN 55432 KULSETH JACK & 033024310026 1,000.00 LAVONNE 369 79TH WAY NE FRIDLEY MN 55432 LAMBRECHT HARRY G& 033024310027 1,000.00 DONNA M 351 79TH WAY NE FRIDLEY MN 55432 NORLING JAMES M 033024310028 1,000.00 341 79TH WAY NE 4 DUNHAM BRADLEY & 033024310029 1,000.00 JULIE 321 79th Way 1900 Silver Lake Rd Ste 308 New Bri hton MN 5 PETERSON CARL K 033024310030 1,000.00 7942 E RIVER RD NE DL 4 115 ASSESSMENT ROLL FOR RIVERVI�W HEIGHTS AREA IMPROVEMENT PROJECT NO. ST.1999 -1 Storm Wattr Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft S 14 per Front Ft ANOKA COUNTY 033024310031 1,000.00 2100 3" AVE 7948 ERR ANOKA MN 55303 BECKMAN JASON S& 033024310032 1,000.00 SNYDER M L' 380 LONGFELLOW ST NE FRIDLEY MN 55432 KOTHMAN BRUCE L& 033024310126 1,000.00 JANET L 386 LONGFELLOW ST NE FRIDLEY MN 55432 RICK STEVEN C& LAURIE L 033024310128 1,000.00 402 LONGFELLOW ST NE FRIDLEY MN 55432 SWEENEY LOUIS M& 033024310131 1,000.00 EVELYN L 410 LONGFELLOW ST NE FRIDLEY MN 55432 WELLMAN RUBY E 033024310061 I,000.00 467 LONGFELLOW ST NE FRIDLE SARKINEN LEE & TARU 033024310062 1,000.00 455 LONGFELLOW ST NE Y HOFFA ANITA M 033024310063 1,000.00 447 LONGFELLOW ST NE FRIDL MORRIS KATHLEEN F 033024310064 1,000.00 437 LONGFELLOW ST NE FRIDLEY MN 4 FOLMAN MARLENE E& 033024310065 1,000.00 BOSCH D J 427 LONGFELLOW ST NE FRIDLEY MN 55432 116 ASSESSMENT ROLL FOR RIVERV�W HEIGATS AREA Il�IPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for S1,OOO less Concrete Curb & Actual Previousty Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft S 14 per Front Ft DOLNEY JAMES J 033024310066 1,000.00 3310 FREMONT AVE S#B l 417 Longfellow MINNEAPOLIS MN 55408 KIRKWOOD MARY C 033024310067 1,000.00 409 LONGFELLOW ST NE FRIDLEY MN 55432 SCOTT ELAINE F 033024310068 1,000.00 391 LONGFELLOW ST NE FRIDLEY MN 55432 BISOGNI BARRY & 033024310073 1,000.00 CATHERINE 385 LONGFELLOW ST NE FRIDLEY MN 55432 LUNDORFF RICHARD A& 033024310074 1,000.00 SHARON 7990 E RIVER RD NE FRIDLEY MN 55432 ROECKER DON D& MARY 033024310075 1,000.00 LOU 7998 E RIVER RD NE FRIDLEY MN 55432 TAYLOR MICHAEL & 033024310076 1,000.00 PENNY DELUCE- 420 LIBERTY ST NE FRIDLEY MN 55432 SCHULTZ SCOTT J 033024310077 1,000.00 434 LIBERTY ST NE F L 4 LINQUIST DOUGLAS A& 033024310078 1,000.00 KAREN 450 LIBERTY ST NE FRIDLEY MN 55432 HATCHNER TIMOTHY P 033024310084 1,000.00 500 DOVER ST NE -60.60 FRI LEY 4 117 ASSESSMENT ROLL FOR RIVERV�W AEIGATS AREA INIPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft SWANN MONTGOMERY & 033024310085 1,000.00 CJ 465 LIBERT'Y ST NE FRIDLEY MN 55432 BERGEE RUTH P 033024310086 1,000.00 8000 E RIVER RD NE FRIDLEY MN 55432 PEARSON DANIEL & KAY 033024310129 1,000.00 8020 E RIVER RD NE FRIDLEY MN 55432 118 ASSESSMENT ROLL FOR RNERVIEW HEIGHTS AREA INIPROVEMENT PROJECP NO. ST.1999 -1 Stocm Water Esrimated Assesstnent Assessment for $I,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft S 14 per Front Ft $14 per Front Ft MISKOWIEC LAWRENCE & 033024310088 1,000.00 PD 440 ELY ST NE FRIDLEY MN 55432 JONES JEFFREY A& KAREN 033024310089 1,000.00 470 ELY ST NE -54.81 FRIDLEY MN 55432 945.19 SALO GREGORY R 033024310090 1,000.00 490 ELY ST NE "243•60 FRIDLEY MN 55432 756.40 MATASKY MATHEW & 033024310092 1,000.00 CLARA -313.64 501 ELY ST NE 68636 FRIDLEY MN 55432 WALLACE RICHARD G& 033024310094 1,000.00 HELEN M 8080 E RIVER RD NE FRIDLEY MN 55432 DAVIS RANDAL 033024310130 1,000.00 471 ELY ST NE FRID GEMMILL EARL M& 033024310123 1,000.00 LUVERN P 468 LONGFELLOW ST NE FRIDLEY MN 55432 OTTE EDWARD & 033024310124 1,000.00 SHIRLEY A 7950 E River Rd 13890 NW SILVEROD CT ANDOVER MN 55304 SWANSON RALPH G 033024320001 1,000.00 511 ELY ST NE -232.45 FRIDLEY MN 54 2 � �� DRONEN RICHARD G& 033024320002 1,000.00 PEGGY -15631 523 ELY ST NE 843.69 FRIDLEY MN 55432 119 ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA IlNPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft BUTALA DANIEL R& 033024320003 I,000.00 RHONDA B -145.15 537 ELY ST NE 854.85 FRIDLEY MN 55432 BRUESCH JANELL 033024320004 1,000.00 549 ELY ST NE -145.15 FRIDLEY MN 55432 854.85 WRIGHT JOHN 8c SUSAN 033024320005 1,000.00 563 ELY ST NE -22330 FRIDLEY MN 55432 776.70 WIGREN JOHN R& 033024320177 1,000.00 LORETTA M 567 ELY ST NE FRIDLEY MN 55432. ., .. _ WELLNER GARY A ET AL 033024320009 I 10.00 1,540.00 1,540.00 1,000.00 8457 RIVERVIEW LN N 8081 Broad Ave BROOKLYN PARK MN 55444 MAHADEO COMAL & 033024320010 1,000.00 RAJWANTI 590 Fairmont St 136 71 %: WAY NE FRIDLEY MN 55432 • VANLEUR STEPHEN R& 033024320011 1,000.00 VICKI L 580 FAIRMONT ST NE FRIDLEY MN 55432 JOHNSON WILLARD J& 033024320012 1,000.00 DONNA K 560 FAIRMONT ST NE FRIDLEY MN 55432 PROKOP CECIL A& LEONA 033024320013 1,000.00 552 FAIRMONT ST NE . FRIDL 4 HANSON DONALD L& 033024320015 1,000.00 JANICE C -167.49 511 DOVER ST NE 832.51 FRIDLEY MN 55432 120 ASSESSMENT ROLL FOR RIVERVIEW HEIGATS AREA IlVIPROVEMENT PROJECT NO. ST. 1999 -1 Storm Water Estimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front � Ft 70HNSON NORMAN L& 033024320016 1,000.00 MAXINE M -167.48 S l5 DOVER ST NE 832.52 FRIDLEY MN 55432 CAROON LEO H& LUELLA 033024320017 �•��•� 521 DOVER ST NE -167.48 FRIDLEY MN 55432 832.52 JENSEN SCOTT & SHARON 033024320018 1,000.00 531 DOVER ST NE -167.48 FRIDLEY MN 55432 832.52 PAINTER SCOTT D& 033024320019 1,000.00 SUSAN -105.56 S41 DOVER ST NE 894.44 FRIDLEY MN 55432 MILLER TIMOTHY 033024320020 110.00 1,540.00 1,540.00 1,000.00 59l DOVER ST NE 4 MALOY JOHN E 033024320021 110.00 1,540.00 1,540.00 1,000.00 8051 BROAD AVE NE FRIDLEY MN 55432 ZEGLEN RICHARD S& 033024320022 1,000.00 PATRICIA -22331 540 ELY ST NE 776.69 FRIDLEY MN 55432 REYNOLDS ERWIN B 033024320023 1,000.00 530 ELY ST NE -22332 FRID Y 4 OHOTTO ARTHUR A& 033024320024 1,000.00 JEANETTE -156.31 542 ELY ST NE 843.69 FRIDLEY MN 55432 MOTYL GERALD LEE & 033024320179 1,000.00 SUSAN M -33.50 526 ELY ST NE 966.50 FRIDLEY MN 55432 121 ASSESSMENT ROLL FOR RIVERVIEW FIEIGRTS AREA II�IPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $I,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft MATHISEN LEONARD N 033024320029 1,000.00 S l4 ELY ST NE -15631 FRIDLEY MN 55432 843.69 COPELAND DONALD O& 033024320034 110.00 1,540.00 1,540.00 1,000.00 EVEL,1'N � 7981 BROAD AVE NE FRIDLEY MN 55432 PETERSON JAMES T& 033024320035 110.00 1,540.00 1,540.00 1,000.00 LYNDA S 7995 BROAD AVE NE FRIDLEY MN 55432 SHOGREN RANDY & MARY 033024320038 1,000.00 524 DOVER ST NE FRIDLEY MN 55432 LAGESSE GARLAND & JANE 033024320044 110.00 1,540.00 1,540.00 1,000.00 7951 BROAD AVE NE CARLSON JOANNE M 033024320045 110.00 1,540.00 1,540.00 1,000.00 7919 BROAD AVE NE GEIS MICHAEL J& 033024320040 1,000.00 CLAUDIA R 033024320041 1,000.00 520 DOVER ST NE 033024320042 1,000.00 FRIDLEY MN 55432 033024320046 1,000.00 033024320047 1,000.00 033024320048 1,000.00 033024320049 1,000.00 033024320050 1,000.00 HOLMAN KEVIN & 033024320188 51.82 725.48 725.48 1,000.00 PAULETTE 571 79TH WAY NE FRIDLEY MN 55432 ��Y �`� $2 851.74 HILSON MARTIN D 033024320069 1,000.00 645 FAIRMONT ST NE F 42 122 ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA Il17PROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft JECHOREK MICHAEL W 033024320070 67.00 938.00 938.00 1,000.00 689 FAIRMONT ST NE FRIDLEY MN 55432 TONNESON JOHN & BETTY 033024320073 60.00 840.00 840.00 1,000.00 8065 RIVERVIEW TER NE FRIDLEY MN 55432 GRUBB JEFFREY & DONNA • 033024320074 75.00 1,050.00 1,050.00 1,000.00 695 FAIRMONT ST NE FRIDLEY MIV 55432 MALONE MICHAEL J& 033024320077 100.00 1,400.00 1,400.00 1,000.00 KATHLEEN 635 ELY ST NE FRIDLEY MN 55432 DAHLBERG DOUGLAS 033024320078 75.00 1,050.00 1,050.00 1,000.00 65 l ELY ST NE FR[DLEY MN 55432 WAGNER WILLIA,�t A& 033024320080 100.00 1,400.00 1,400.00 1,000.00 DEBRA J 681 ELY ST NE FRIDLEY MN 55432 RICE JOHN M JR & 033024320081 l 10.01 1,400.14 1,400.14 1,000.00 KARLEEN V 8041 RIVERVIEW TER NE FRIDLEY MN 55432 COOK RICHARD E& 033024320086 100.00 1,400.00 1,400.00 I,000.00 NORMA E 690 FAIRMONT ST NE FRIDLEY MN 55432 KUENSTING TIMOTHY J 033024320178 75.00 1,050.00 1,050.00 1,000.00 655 ELY ST NE FRIDLEY 4 SMITH RITA I 033024320090 1,000.00 640 FAIRMONT ST NE FRIDLEY 4 2 123 ASSESSMENT ROLL FOR RIVERVIEW I�IGHTS AREA Il�IPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft SCARCELLA ST�4CEY 033024320091 110.00 1,540.00 1,540.00 1,000:00 8090 BROAD AVE NE FRIDLEY MN 55432 KELLER T P& VAN 033024320092 85.00 1,190.00 1,190.00 1,000.00 WAGNER SARA L 625 DOVER ST NE FRIDLEY MN 55432 SWARD DENISE 033024320093 100.00 1,400.00 1,400.00 1,000.00 63l DOVER ST NE FRIDLEY MN 55432 MARTH DAWN M 033024320094 125.00 1,750.00 1,750.00 1,000.00 64l DOVER ST NE FRIDLEY MN 55432 BANNOCHIE GARY & 033024320185 100.00 1,400.00 1,400.00 1,000.00 SALLY Lots 13-16, Block 7845 EAST RNER RD V, Riverview FRIDLEY MN 55432 Hei ts 124 ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA IlVIPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for S1,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $ l4 per Front Ft S 14 per Front Ft KORICH DOLORES M 033024320098 50.00 700.00 ' 700.00 1,000.00 687 DOVER ST NE FRIDLEY MN 55432 HOLMGREN LELA C 033024320099 60.00 840.00 840.00 1,000.00 8001 RIVERVIEW TER NE FRIDLEY MN 55432 WALL MICHAEL T • 033024320100 100.00 1,400.00 1,400.00 1,000.00 8021 RIVERVIEW TER NE FRIDLEY MN 55432 PRINCE DENNIS R& DIANE 033024320101 60.00 840.00 840.00 1,000.00 8031 RIVERVIEW TER NE FRIDLEY MN 55432 RE[TER DONALD' 033024320102 100.00 1,400.00 1,400.00 1,000.00 684 ELY ST NE FRIDLEY MN 55432 KOCZUR JOHN JR 033024320103 75.00 1,050.00 1,050.00 I,000.00 680 ELY ST NE FRIDLEY M�i 55432 ERICKSON WILLIAM E 033024320186 125.00 1,750.00 1,750.00 1,000.00 650 ELY ST NE FRI LEY 4 HUD 033024320106 50.00 700.00 700.00 1,000.00 220 2ND ST S 630 Ely St MINN A LI 4 1 DICKSON DALE A& 033024320107 I 10.00 1,540.00 1,540.00 1,000.00 SHARON L 600 ELY ST NE FRIDLEY MN 55432 KOSTOHRYZ GERALD & 033024320108 I 10.00 1,540.00 1,540.00 1,000.00 PATRICIA 609 CHERYL ST NE FRIDLEY MN 55432 BOOTS GERALD R& 033024320109 75.00 1,050.00 1,050.00 1,000.00 CHRISTI A 615 CHERYL ST NE FRIDLEY MN 55432 ASSESSMENT ROLL FOR RNERVIEW I�IGHTS AREA Il�IPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less �Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft MELCHERT SCOT P& 033024320110 50.00 700.00 700.00 1,000.00 MARY 627 CHERYL ST NE FRIDLEY MN 55432 HUDYMA KIM B& 033024320111 75.00 1,050.00 1,050.00 1,000.00 KIMBERLY A 641 CHERYL ST NE FRIDLEY MN 55432 • JUST MARVIN D 033024320112 80.00 1,120.00 1,120.00 1,000.00 661 CHERYL ST NE FRIDLEY MN 55432 MAHER MONTE Q& 033024320113 174.40 2,44I.60 2,441.60 1,000.00 MICHELLE M � � � � 7965 RIVERVIEW TER NE ' FRIDLEY MN 55432 ' LIPA STEVEN A 033024320115 68.30 956.20 956.20 1,000.00 7995 RIVERVIEW TER NE FRID EY MN 4 2 DAVIS NICHOLAS 033024320184 60.00 840.00 840.00 1,000.00 670 DOVER ST NE FRID 4 D'AIGLE FRANK R& 0330243201 l7 25.00 350.00 350.00 1,000.00 MARGARET 033024320118 25.00 350.00 350.00 1,000.00 14252 SSTH ST NE 650 Dover St ROGERS MN 55374 ROSSI DAVID 033024320121 . 75.00 1,050.00 1,050.00 <; .1,000.00 620 DOVER ST NE FRIDL 4 RUTHERFORD ROBERT & 033024320122 85.00 1,190.00 1,190.00 1,000.00 NANCY 610 DOVER ST NE FRIDLEY MN 55432 MCCOY RENEE RUTH 033024320123 60.00 840.00 840.00 1,000.00 581 BUFFALO ST NE FRID 4 126 ASSESSMENT ROLL FOR RIVERVIEW AEIGATS AREA IlVIPROVEMENT PROJEGT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $ l4 per Front Ft HRA CITY OF FRIDLEY 033024320124 50.00 700.00 700.00 1,000.00 6431 L7NIVERSITY AVE 611 Buffalo St FRIDLEY MN 55432 BRADY DARLENE K 033024320128 80.00 1,120.00 1,120.00 1,000.00 641 BUFFALO ST NE FRIDLEY MN 55432 MARQUARDT JOEL D 033024320180 I 19.83 1,677.62 1,677.62 1,000.00 7921 RIVERVIEW TER NE FRIDLEY MN 55432 RUHLOW JULIE A 033024320132 119.83 1,677.62 1,677.62 1,000.00 7941 RIVERVIEW TER NE FRIDLEY MN 55432 CLARK CONSTANCE K 033024320135 75.00 I,O50.00 1,050.00 1,000.00 630 CHERYL ST NE FRIDLEY MN 55432 NASON CLARK A& 033024320182 75.00 1,050.00 1,050.00 1,000.00 MARJORIE M 614 CHERYL ST NE FRIDLEY MN 55432 WIERMAN ROGER J 033024320181 85.00 1,190.00 1,190.00 1,000.00 10229 MISSISS�PI BLVD Lots 29-31 Blk X COON RAPIDS MN 55433 Riverview Hgts KUDLA ROBERT J 033024320159 17.00 238.00 238.00 1,000.00 688 FAIRMONT ST NE F L KOHLS ROBERT E& 033024320160 75.00 1,050.00 1,050.00 1,000.00 PATRICIA J 640 CHERYL ST NE FRIDLEY MN 55432 STAHLBERG ALLAN B 033024320161 110.01 1,400.14 1,400.14 1,000.00 8055 RIVERVIEW TER NE FRIDLE 4 2 127 ASSESSMENT ROLL FOR RIVERV�W HEIGHTS AREA IlVIPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $1,000 less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft LINDSTROM IRVIN W& 033024320183 1,000.00 HARRIET 540 DOVER ST NE � FRIDLEY MN 55432 GEMMILL EARL & 033024320163 25.91 362.74 362.74 1,000.00 L[JyERNE 555 79th Way 468 LONGFELLOW ST NE FRIDLEY MN 55432 MILAN P& BOZANY 033024320165 88.09 1,233.26 1,233.26 1,000.00 PATRICIA 501 79TH WAY NE FRIDLEY MN 55432 LAFAVE MICHAEL & 033024320166 150.00 2,100.00 2,100.00 1,000.00 JUDITH _ 640 DOVER ST NE FRIDLEY MN 55432 GEIS MICHAEL & CLAUDIA 033024320168 1,000.00 520 DOVER ST NE 033024320171 1,000.00 FRIDL MN 4 2 HALDORSON VERN & 033024320169 1,000.00 DIANE -108.70 514 DOVER ST NE 89130 FRIDLEY MN 55433 ADELMAN ST'EVEN 033024320174 110.00 1,540.00 1,540.00 1,000.00 8080 BROAD STREET FRID 4 PADILLA DAVID & LORI 0330243201'75 105.00 1,470.00 1,470.00 1,000.00 675 FAIRMONT ST NE FRIDL Y 54 2 FAY DANIEL C 8c JOANNE D 043024140002 1,000.00 729 KIMBALL ST NE FRID Y MN 554 2 DOTTY PAUL 043024140003 1,000.00 109 E ISABEL 735 Kunball St ST P 7 128 ASSESSMENT ROLL FOR RIVERVIEW HEIGHTS AREA Il17PROVEMENT PROJECE NO. ST. 1999 -1 Storm Water Esrimated Assessment Assessment for $I,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft • TOMAS EUGENE & 043024140004 90.02 1,260.28 1,260.28 1,000.00 HEATHER 830 t RIVERVIEW TER NE FRIDLEY MN 55432 WESTBY PAUL 043024110005 156.40 2,189.60 2,189.60 1,000.00 8320 BROAD AVE NW FRIDLEY MN 55432 DRUMMOND JOHN 043024140005 1,000.00 920 1 ST ST S# 1709 Lot 15, Blk 0 MINNEAPOLIS MN 55454 Riverview H DRUMMOND JOHN 043024140006 1,000.00 1920 1 ST ST S# 1709 8345 Riverview M[NNEAPOLIS MN 55454 Terr OLSON DONALD E 043024140007 1,000.00 699 JANESVILLE ST NE FRIDLEY MN 55432 SMITH RICHARD H& 043024140010 60.2 1,054.20 842.80 1,000.00 MARY LYNN 8275 RIVERVIEW TER NE FRIDLEY MN 55432 WIGGIN MARK & NANCY 043024140011 6030 844.20 844.20 1,000.00 8295 RIVERVIEW TER NE BARONE STANLEY T& 043024140012 1,000.00 PATRICIA 686 KIMBALL ST NE FRIDLEY MN 55432 ROELKE DENNIS A& 043024140013 110.50 1,547.00 1,547.00 1,000.00 ELOISE L 8215 RIVERVIEW TER NE FRIDLEY MN 55432 MIKULAK ROBERT M 043024140014 110.50 1,547.00 1,547.00 1,000.00 8241 R[VERVIEW TER NE F IDL Y MN 4 129 ASSESSMENT ROLL FOR RIVERVIEW HEIGATS AREA Il1�IPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Estimated Assessment Assessment for $I,OOO less Concrete C�rb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front Ft SCHNEPPMUELLER 043024140023 110.5 1,547.00 1,547.00 1,000.00 DONALD & D A 8I51 RIVERVIEW TERNE FRIDLEY MN 55432 KENNEDY JOHN M 043024140020 6030 844.20 844.20 1,000.00 8199 RNERVIEW TER NE FRIDLEY MN 55432 BECKMEN RICHARD & 043024140021 50.22 703.08 703.08 1,000.00 SOLVEIG 8181 RIVERVIEW TER NE FRIDLEY MN 55432 HELLERMICHAEL 043024140022 85.40 1,195.60 1,195.60 1,000.00 8245 RIVERVIEW TER NE FRIDLEY MN 55432 ANDERSON MARK & 033024220039 68.90 964.60 964.60 1,000.00 PAMELA 8310 BROAD AVE NE FRIDLEY MN 55432 � 130 ASSESSMENT ROLL FOR RNERVIEW HEIGHTS AREA Il4IIPROVEMENT PROJECT NO. ST.1999 -1 Storm Water Esrimated Assessment Assessment for $I,OOO less Concrete Curb & Actual Previously Gutter Based on Assessment Paid Address PIN No. Front Ft $14 per Front Ft $14 per Front � Ft BROWN ST'EPHEN & 033024220038 77.50 1,085.00 1,085.00 1,000.00 ROCHELLE 8330 BROAD AVE NW FRIDLEY MN 55432 STEAK EXPRESS LTD 033024240155 1,000.00 C/O ETHEL ARNOLD 8154 ERR 6490 RIVERV�W TERRACE FRIDLEY MN 55432 - 131 � � arr oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 . Date: 5/2/00 To: William Burns, City Manager ,!�� _ � From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on LS #00-03 M-00-76 INTRODUCTION The City of Fridley has been asked by the Islamic Center of Minnesota to grant a lot combination, of two adjoining properties they own at property at 1401 and 1413 Gardena Avenue, allowing the construction of an expansion of the school. Combining the lots will allow the school expansion to meet all setbacks. PLANNING COMMISSION ACTION At the April 19, 2000 Planning Commission meeting, a public hearing was held for LS #00-03. A motion was made to approve Lot Consolidation, LS #00-03, to allow the property located at 1401 and 1413 Gardena Avenue to be consolidated into 1 parceL THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant the proposed Lot Split, LS #00-03, with stipulations as presented. 1. A lot combination form shall be filed with Anoka County upon approval by the City CounciL 2. Approval of Special Use Permit, SP #00-06 132 � � �� U�e ' !1 � _------._�_. �.._...._ .._..__ __ April, 28, 2000 Dear Mr. Wolfe, l2�e Co 2� � �� . � �qY p 3 � I attended a recent planning commission meeting concerning the Islamic Center. I can't believe what city hall is willing to give the Islamic Center without forcing the Islamic Center to meet the usual requirements of similar organizations. This is a property that has very little parking and neither the parking lot nor the driveway meet code. I thought that every properry was supposed to meet their parking needs. They received use of the building for religious gatherings when they received pernussion to use Totino-Grace's parking lot on Saturday and Sunday when Totino- Crrace is not using their parking lot. They tried to get a day care center in the building. Then they started a school. Apparently, they did not need a special use permit to open a school, but they still ha.ve the same problems. They have very little parking and both the parking and the driveway are a real imposition on the nearest neighbor. Now they want to add another building to increase the size of their school and the city is not demanding any additiona! parking, even though they admit that they want to expand to a high school. Obviously, they will need a lot of e�ra parking for a high school. I think that some of these problems need to be worked out now, before they have invested in another liuilding. Pe: sonally, I don't think that they have the property to properly service the building that they have. Any good school tries ta have the parents of the students involved with their education. I �:rge 3�ou to gc to ths Islamic Center on any weekdaywhen both schools are in session and try to figure out where the p�.rents of 50 to 60 students would park if they were invited to school for any program. And SQ to 60�stuc�ents would be only a couple of classes if the present school was fully ut:l:zed, not a school wide event. Totino-Grace needs a lot of parking for their students a.nd tl:eir parking lot is not �ig enough to accommodate their students. Ho�,uever, tliey need even more pa.rking when parents are invited to school. W!ien Gardena School was still a pu�lic schocl, �ut not in use as a sehcot, there s�vas sc m�.:eh cle::�ar.d for parking in the ar�a that the neighbors nearest the TotinosGrace building :=�oulsi not rsceive their mail for days. They got no help from the city or the golice. They had tc petition for no garking on the north side of Gardena Ave. We expect to keep that parking ban, because we want to get our mail and we iike tr� be able to get out of our driveways. Even L;rith the pazking ban, we have had cars in front of our mail box and we have had cars parked on ths street in front of our dri��way. The present building can easily accommodate 7 classes of 30 students per class. They need to provide services for at least 210 studsnts. Elsmentary students may not drive to school and need all day parking. However, they do need to get to school. If they all came by bus and if they could a��rage 21 students per bus, they would need 10 buses to deliver the students. When I see the buses delivering students to Totir.o-Grace, 21 students per bus seems like a very optimistic number. If the students are deliv�red by car, it is worse. The average car carries 5 people. If the school �id a goed job of encouraging car pooling and every car came with a driver and 4 students, you would need 53 cars �o deliver the students to school. Where on Gardena Avenue can they line up 14 buses or 53 cars to drop-off students eacli morning and pick up students�each �. aftemoon? Or worse, like TotmaGrace, there are buses to pick up students, but the sfudents eome by car and you have'both buses and cars. Just look at the area that Totirio-Grace provides for buses to pick up students and look across the street and try to figure out where the Islamic Center can provide the same safe area. If they add more classrooms, the problem is inagnified. I think that you should work on ths problems presented by the present situation before you allow ,. , , _ _. � , . , , . . ; . ,;� , � them to add to their potential student population. The situation at the Islamic Center is e��tremety unsafe. Parents park on both sides of Gardena Avenue and children dash across the street without looking. They need an off-street area for students to be picked up ar:d dropped off. Please do not a11ow any expansion of any facilities in the area until you address where the increase in tra.flic will park once they get to their destination, even if they only need short term parking. Also, once again members of the Islamic Center got up and told us what good neighbors they are and how well they maintain their property. Let me tell you about my experiences with that property. I live at 1291 Gardena Avenue. I am unfortunate because I share a boundary with the Isla.mic Center. I am fortunate because that boundary is only 25 feet. I really feel sorry for my .^.eighbors that have a longer boundary ancUor live closer to the building and a1T of the activity near the building. When we moved into our home, the school was: a public school that �ras not in use as a school. Fridley School District maintained the property. They did not maintain it as well as we would have liked, but they mowed the whole area and kept the weeds down along the fence. It was used extensively by neighborhood children and city baseball, softball, and soccer teams. When Faith Academy bought the property, they came in and really cleaned up the property. They maintained the property nicely for a while. When they got in financial trouble, the maintenance did decline, but it was still maintained well enough that I didn't feel that my property was threatened. Then Church on the Move came in. They, too, sent people out to clean up the property. They didn't do a wonderful job, but they did mow the whole area. Then the Islamic Center came in. I waited for someone to come to my corner of their property and do some clean up. It never happened. They mowed the center of the big field onl� twice that first summer and never got to the edges of their properiy. By the end of that first summer, their fence along my property was covered with weeds and vines. The ne� year that end of my garden was filled �irith w�ds. By early July, the weeds on the fence were setting ripe seeds again. I got angry and decided that I would do something about the mess from my side. I pruned off everything that came on :ny sids of the fence. As I d:d that, the wl:ole mass let loose and fe!1 like a fence that had been unfastened from its fence posts. Now I�ras worried that the mess that had been ctose to the f�r.ce L�+as spread eut over 5 feet. I also worried that their mower might get nained if they got into the mess. For a month, I diligently watched and list�ned for a mower. I wanted to apologize for my actions and ask them to clean up what I had cut loose from the fence. It was at least 6 weeks before they came around to mow and then they never got close to the mess that was, by then, covered by other grass and weeds. At that poi�t, I decided that I would do what I had to do to keep their mess at bay. For a while, I continued to work from my side of the fence. I kept the fence clean a.nd I dug a lot of seedling trees out of the fence line, but it quickly became apparent that I was fighting a losing battle. I sta.rted going on to their property and pulling th� vines away from the fence and hacking off the weeds and pruning out seedling trees. I didn't do that willingly, but I felt that I had no choice. That has proven to bs true. I have seen what has happened to my neighbors' properties. A neighbor that lives to the west of ine and to the west of the islamic Center has a wood privacy fence. He cannot see what goes on over his fence, but I can. I watched vines grow up under a �lowering crab apple tree, through the tree, across the top of the tree into the neighbor's blue spruce. His blue spruce tree was encircled by their vines so high up that the neigtzbor would have had to get a cherry picker to gst the vines out of his tree. If the Islamic Center had mowed under the tree, it never would have happened. The neighbor on the east side of ine planted some upright arborvitae 6 to 8 feet away from the Islamic Center fence. I assumed that they wanted to estabiish a privacy fence. They also did what I started out doing. They sheared offthe vines, weeds, and shrubs that came through the fence. Even so, the wa11 of vines and shrubs went up higher than they could reach and the vines reached across the walkway between the fence and their arborvita� and �ncircl�d the tops of th�ir upright arborvitae. They took out most of their arborvitae. I assume to get rid of the mess. The Islamic Center does not take care of their property and their mesaes are going across their fence and ruining landscaping plants on neighboring properties. None of this would have happened if they had mowed along the fence lin� and cl�an�d up th� wg�ds along the f�nc� with a weed whacker two or thr�e times a year. I went out and measured where they usually mow. They stay 30 feet away from the comer. Along both of my neighbor's fence lines, they have junk growing nine feet out from the fence and they usually don't mow within 12 feet of their fence lines. Even the backstops at the corners of what us�d to b� th� softball fi�lds ar� cov�r�d with w��ds and vines and have tre�s growing along them. The backstop on the south side has two trees gro�ving along it that are. twice as ta11 as the backstop. Is this acceptable maintenance? Not in my book and yet they come into City Ha11 and claim that they do a wonderful job of maintaining their property. Every time we have managed to get som�on� out from City Hall or the council to look at their property, they have been told to clean up their property. I would appreciate if the city would once again order them to clean up their property. They need to cl�an up to the fenc� lin� and then clean off the fences. In some cases, they really need to clean up their vines and weeds that have gone across the fence onto other properties. It has been so neglect�d that they will hav� to be very diligent to get it under control. After that they will have to mow all of their property up to fence lines and continue to control the weeds in the fence line. Cl�aning it up once wh�n ordered and then n�glecting the yard work again isn't much help. I also ha.v� to ask about th� privacy fenc�s. ° It s��ms like �v�ry time that they have come to city hall to get a special use permit, the city has added a stipulation that the neighbors should have privacy fences. Why don't the ciosest neighbors have those privacy fences yet? They should have had them a long time ago. The Islamic Center owns a poorly laid out property. I'm not sure that you can be a�good n@ighbor if you own a bad property. They could be better neighbors by maintaining the property that they have. To add another building to that property will just make an already bad property wors@, in my opinion. I cannot imagine why anyone would want to do that. Th�y need a lot more land to run a larger school, especially a high school. I strongly urge you to vote against th�ir proposal. Sincerely, Gay ear 1291 Gardena Avenue Fridley, Minnesota 55432 RESOLUTION NO. A RESOLUTION APPROVING A CONSOLIDATION, LOT CONSOLIDATION, LS #00-03, TO CONSOLIDATE TWO INDIVIDUAL PARCELS, GENERALLY LOCATED AT 1413 GARDENA AVENUE WHEREAS, the Planning Commission held a public hearing on the Lot Consolidation, LS #00-03, on April 19, 2000 and recommended approval; and WHEREAS, the City Council at the May 8, 2000 meeting approved the Lot Consolidation request; and WHEREAS, such approaal was to establish a single !ot out of two existing adjoining lots, based on a new legal description which reads as follows; and Proposed Parcel Legal Description: Lots 1 through 6 inclusive, MELOLAND GARDENS according to the recorded plat thereof and Lot 17, AUDITORS SUBDIVISION NO. 92 according to the recorded plat thereof, Anoka County, Minnesota EXCEPT the south 220 feet of said Lot 1, also EXCEPTING the south 230 feet of said Lots 2 and 3(as measured from the centerline of Gardena Avenue); also EXCEPTING that part of the south 200 feet of said Lot 5 lying westerly of a line drawn parallel with the east line of said Lot 5 from a point on the south line of said Lot 5, 90 feet west of the southeast corner of said Lot 5; also EXCEPTING the south 200 feet of said Lot 6. AND Lot 3, MELOLAND GARDENS, Anoka County, Minnesota, according to the recorded plat thereof EXCEPT the north 330.60 feet and the east 100 feet thereof. WHEREAS, the City has received the required Certificate of Survey from the owner. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley directs the petitioner to record this Lot Consolidation at Anoka county within six (6) months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8'" DAY OF MAY 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 133 ` AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 CxTY OF FRIDLEY Date: 5/2/00 � To: William Burns, City Manager ,�� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, P.lanner RE: Planning Commission action on SP #00-06 M-00-77 INTRODUCTION The City of Fridley has been asked by the Islamic Center of Minnesota to grant a Special Use permit to allow the installation of an 83' by 68' temporary classroom building at the northeast corner of their existing school located at 1401 Gardena Avenue. PLANNING COMMISSION ACTION At the April 19, 2000 Planning Commission meeting, a public hearing was held for SP #00-06. A motion was made to recommend the Council approve Special Use Permit, SP #00-06, to allow the Islamic Center of Minnesota to install the temporary classroom. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant Special Use Permit, SP #00-06, with stipulations as presented. 1. All necessary permits shall be obtained from the City prior to construction. 2. Special Use Permit shall be valid for a 3 year period. 3. Building shall be located in accordance with the Site Plan dated 3-17-00, by Hakanson Anderson Associates, Inc. 4. All necessary protection devices shall be provided to protect children around the retaining wall on the northeast corner of the building. 5. The Islamic Center will file a special use permit application for a day care center in a residential district if they intend to utilize the home at 1413 Gardena Avenue in that manner. 134 : AGENDA ITEM CITY COUNCIL MEETING OF MAY 8, 2000 CRY OF FRIDLEY INFORMAL STATUS RL'PORTS 135